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  • Bolaris v. Commissioner

    81 T.C. 840 · United States Tax Court · Nov 8, 1983

    The sole issue presented to the Court in Clapham was whether the sale of the old residence qualified as a sale of the taxpayers’ "principal residence” subject to the nonrecognition provisions of section 1034. … We agree with respondent that the factors cited above in support of petitioners’ entitlement to nonrecognition treatment under section 1034 clearly show that the rental activities in question were not undertaken for such

    Cited 17 timesPublished
  • Tannehill v. United States

    18 Cl. Ct. 296 · United States Court of Claims · Oct 3, 1989

    This includes filling established manpower vacancies. The regulation also clearly states that all other factors (including, among others, time-on-station) are secondary.” … Disagreeing with plaintiffs interpretation, the Board concluded that plaintiff was chosen for the assignment as the “best qualified to meet the needs of the service.”

    Cited 11 timesPublished
  • Ingrum v. United States

    81 Fed. Cl. 661 · United States Court of Federal Claims · Apr 28, 2008

    This statute of limitations “is a jurisdictional requirement attached by Congress as a condition of the government’s waiver of sovereign immunity and, as such, must be strictly construed.” MacLean v. … Where, as here, the Court’s subject-matter jurisdiction is put into question, Plaintiff bears the burden of establishing subject-matter jurisdiction by a preponderance of the evidence.

    Cited 3 timesPublished
  • Bannum, Inc. v. United States

    56 Fed. Cl. 453 · United States Court of Federal Claims · May 8, 2003

    The closing date was established for March 28, 2002, Pl.’s Ex. 1A, and Bannum submitted its proposal on March 26, 2002. Pl.’s Ex. 1; Tr. at 38. … It is clearly in the public interest for there to be fair and open government contracting. The court’s role in ensuring this fair and open government contracting is largely supervisory, however.

    Cited 27 timesPublished
  • West v. Principi

    15 Vet. App. 246 · United States Court of Appeals for Veterans Claims · Oct 24, 2001

    As discussed below, the Court's jurisdiction to review this matter is established by 38 U.S.C. § 7252. … Under the Pacheco Order, a claimant may be awarded educational benefits for qualifying courses (taken during the period from January 1982 to June 1985) if it is determined that the claimant is eligible, under the terms of

    Cited 0 timesPublished
  • OEP Enterprises, Inc.

    Trademark Trial and Appeal Board · Aug 19, 2019

    Kupferman’s declaration establishes that he is an expert in the umbrella business, but we find that his declaration does not establish that he is qualified to opine as an expert witness that the applied-for mark … The third-party declarants similarly appear to be experts in the umbrella business, but we also find that their declarations do not establish that they are qualified to opine as expert witnesses that the design

    Cited 0 timesPublished
  • Estate of Leeds v. Commissioner

    54 T.C. 781 · United States Tax Court · Apr 16, 1970

    To us this clearly is not exclusively a “charitable” use of the bequests. A second use of decedents’ bequests is the payment of retirement pensions. … Carlson, 21 T.C. 291 (1953), and the cases cited therein, as establishing that the purposes of a welfare or retirement fund for the benefit of employees of a corporation are charitable.

    Cited 0 timesPublished
  • W. S. Farish & Co. v. Commissioner

    38 B.T.A. 150 · United States Board of Tax Appeals · Jul 22, 1938

    The balance of its stqok was owned by his wife, son, and daughter, with the exception of qualifying shares. … That case is clearly distinguishable on the facts from the instant proceeding. In Rands, Inc., 34 B. T. A. 1094; Nipoch Corporation, 36 B. T. A. 662; and R. L. Blaffer & Co., 37 B. T.

    Cited 13 timesPublished
  • PONCE-HERNANDEZ

    22 I. & N. Dec. 784 · Board of Immigration Appeals · Jul 1, 1999

    The regulation provides an exception to this rule when no other qualified officer is available and taking the alien before another offi- cer would entail unnecessary delay. Id. … Clearly, these cases involving adult respondents are distinguishable from a case involving a minor respondent, in which the Service is relying solely on a Form I-213 of uncertain origin.

    Cited 26 timesPublished
  • Getz Bros. v. United States

    55 Cust. Ct. 693 · United States Customs Court · Nov 22, 1965

    In the present case, certain facts are established by a heavy preponderance of evidence. … The sizes and qualify specifications are different. That there is no demand on the Japanese home market for plywood and doorskins made in accordance with United States specifications.

    Cited 3 timesPublished
  • Martin Merson v. The United States

    401 F.2d 184 · United States Court of Claims · Oct 4, 1968

    This conclusion was again reached on January 1, 1946, in reporting plaintiff physically qualified for temporary promotion to Commander, and the next day a Board of Medical Examiners found plaintiff physically qualified for … In Walters, supra, 358 F.2d p. 963, 175 Ct.Cl. p. 226, the court stated that new evidence presented to a Correction Board nine years after release “establishes in retrospect quite clearly that plaintiff’s condition was incapacitating

    Cited 0 timesPublished
  • Norman-Frank, Inc. v. Arnall, Director of Price Stabilization

    196 F.2d 502 · Emergency Court of Appeals · Jun 3, 1952

    This pricing method was qualified by the further requirement that in no event should the ceiling price for a used car exceed the ceiling delivered price for a new car of the same make and model. 4 The complaint attacks the … The general tone of § 402(c) is clearly suggestive rather than mandatory.

    Cited 4 timesPublished
  • R-C-R

    Board of Immigration Appeals · Aug 31, 2020

    that the person who performed the translation was qualified to do so. … The respondent was clearly warned that his application for relief could be deemed waived if he failed to meet the filing deadline set by the Immigration Judge.

    Cited 0 timesPublished
  • Meyers v. United States

    96 Fed. Cl. 34 · United States Court of Federal Claims · Dec 23, 2010

    nor does the statute clearly foreclose the exercise of such discretion. … In short, the legislative history of the CSP statute does not clearly support either party’s extreme interpretation of the statute.

    Cited 11 timesPublished
  • Tort Liability of the United States and a Commercial Air Carrier Arising Out of Government Action During a Commercial Aircraft Hijacking

    Department of Justice Office of Legal Counsel · Sep 29, 1978

    Written instructions for general guidance fall clearly within the discretionary-function exception. … In any case, this distinction has not been clearly established and the facts of each case would determine whether decisions were considered policy matters or were made on an operational level. 21United Slates v.

    Cited 0 timesPublished
  • Stone v. United States

    160 Ct. Cl. 128 · United States Court of Claims · Jan 11, 1963

    (a) The plaintiff participated in the Reserve program (first, of the Army Air Corps and, later, of the Air Force after its establishment) from 1946 until 1954. … The plaintiff was found to be physically qualified for extended active duty.

    Cited 14 timesPublished
  • Banks v. United States

    78 Fed. Cl. 603 · United States Court of Federal Claims · Sep 28, 2007

    The court qualified Dr. … The court qualified Dr.

    Cited 16 timesPublished
  • McClelland v. Commissioner

    83 T.C. 958 · United States Tax Court · Dec 20, 1984

    If not, that ends our inquiry since Clinchfield clearly applied qualifying treatment processes to the coal it purchased. If so, we must determine whether Sterling itself applied such a mining treatment process. … Petitioners’ reliance upon a brief excerpt from a 1945 mining text by Arthur Taggart describing an activity called "sledging” is not sufficient to establish industry practices.

    Cited 0 timesPublished
  • Laudes Corp. v. United States

    84 Fed. Cl. 298 · United States Court of Federal Claims · Oct 16, 2008

    The answer clearly is not. 2. No United States successor agency exists to assume the CPA’s contract liability. … The United States clearly transferred sovereignty in Iraq from the CPA to the IIG, and with that, authority over DFI-funded contracts.

    Cited 3 timesPublished
  • Shaposka v. United States

    563 F.2d 1013 · United States Court of Claims · Oct 19, 1977

    One barrier to their employment may be inability to be selected competitively even though they have been trained and are qualified to perform the job tasks. … On October 18,1972, plaintiff asked the agency personnel office if it would be possible to make arrangements for him' to qualify for health insurance.

    Cited 8 timesPublished

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