Case law

Koyo Seiko Co. v. United States

17 Ct. Int'l Trade 1040 · United States Court of International Trade · Sep 21, 1993

Therefore, the discretion of the regulating authorities is clearly permitted and codified within this provision. See Koyo Seiko Co., 17 CIT 2 , 810 F. Supp. 1287 . … The Court of Appeals for the Federal Circuit has stated on this issue that in order for a discount or rebate to qualify as a direct cost to be subtracted from FMY the discount or rebate must have been actually paid on all

Palm Beach Isles Associates v. United States

58 Fed. Cl. 657 · United States Court of Federal Claims · Dec 5, 2003

The court qualified Mr. Kyzer as an expert on the impact of proposed projects on navigation. Mr. … However, one of the plaintiffs' witnesses, Martin Gau-thier, an engineer who processed the permit application for the plaintiffs, stated that the western boundary of the submerged parcel has never been clearly established

Glendale Federal Bank, FSB v. United States

43 Fed. Cl. 390 · United States Court of Federal Claims · Apr 9, 1999

A great proportion of the trial was spent putting on evidence establishing, and challenging, plaintiffs claim for expectancy damages. … These are both things that Glendale clearly possessed, and were the relevant criteria for the regulators.

Williams v. Commissioner

1 B.T.A. 1101 · United States Board of Tax Appeals · May 5, 1925

Williams, of Baltimore, Maryland, was duly appointed and qualified as executor of her estate. The Commissioner, in auditing the income-tax return of Ellen C. … The record of this appeal establishes the fact that Ellen C.

Terex Corp. v. United States

104 Fed. Cl. 525 · United States Court of Federal Claims · Apr 4, 2012

Test was conducted by holding 1.5 mph for length of time to make the data readable and establish a constant drawbar pull force (lbf) to evaluate grade ability. … Nestico’s affidavit as a post-hoc rationalization, but rather as a coherent synthesis of the process clearly set forth in the solicitation.

Williams v. Commissioner

16 T.C. 893 · United States Tax Court · Apr 25, 1951

It was not established that George Herder, Jr., was incapacitated and unable to prepare his returns on the dates they were due. … The executor named, who is qualified to act when the will is admitted to probate, at which time the jurisdiction of the court terminates, is called an ‘independent executor’.”

O-R-E

Board of Immigration Appeals · Jul 21, 2021

Genocide is misconduct of the most appalling and severe character, and it clearly constitutes a “violent or dangerous” crime. See, e.g., Torres-Valdivias v. … Clark’s testimony credible, and this finding is not clearly erroneous.

Canister Co. v. United States

70 F. Supp. 904 · United States Court of Claims · Apr 7, 1947

Garfein, who later changed his name to Gwathmey, was the president of the plaintiff and its sole stockholder, except for qualifying shares. … The entry on the journal, taken in connection with the bill of sale, clearly indicates *569 that they were. It reads, “stock issued for the business formerly owned by The Canister Co. of N.

Garcia v. Secretary of Health and Human Services

United States Court of Federal Claims · May 30, 2025

The studied sample in Wiesik, moreover, consisted of lupus patients already known to have “clearly dysregulated immune systems,” as opposed to the Petitioner in this case. Tr. at 81; Wiesik at 607. … Hedrick persuasively established that the type of cytokines likely to increase BBB permeability were not likely vaccine-associated—and that in fact, vaccination generally was not the kind of immune stimulative event sufficient

Impresa Construzioni Geom. Domenico Garufi v. United States

89 Fed. Cl. 449 · United States Court of Federal Claims · Oct 23, 2009

More specifically, “[t]o qualify as a prevailing party, plaintiff must satisfy the eligibility requirements of both net worth and number of employees.” Al Ghanim, 67 Fed.Cl. at 498 ; (quoting Lion Raisins, Inc. v. … However, neither of the declarations clearly addresses the total net worth of Domenico Garufi as owner of a sole proprietorship on June 28, 1999, the date the complaint was filed.

Boraiko v. United States

146 Ct. Cl. 814 · United States Court of Claims · Jul 15, 1959

The regulations set out in finding 29 clearly stipulate that a person afflicted with rheumatoid arthritis shall be ineligible for even limited service. … In 1950 the plaintiff was examined to ascertain whether he was physically qualified for service in the Korean conflict.

MIB, Inc. v. Commissioner

80 T.C. 438 · United States Tax Court · Feb 22, 1983

Petitioner’s rules provide that a member company may not use the reports as the basis for establishing an applicant’s insurability and must establish insurability by conducting its own independent investigations. … Because we hold for petitioner on the primary question of whether it qualifies under sec. 501(c)(6), we need not address this alternative argument.

Family Chiropractic Sports Injury & Rehab Clinic v. Comm'r

111 T.C.M. 1046 · United States Tax Court · Jan 19, 2016

The Administrator shall establish a written procedure to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. … Clearly, respondent has not abused his discretion.

Woodruff v. United States

122 Fed. Cl. 761 · United States Court of Federal Claims · Aug 19, 2015

A definite offer and an unconditional acceptance must be established." Russell Corp. v. … Ct. 126 (2012) ("A plaintiff lacking privity of contract can nonetheless sue for damages under that contract if it qualifies as an intended third-party beneficiary."); Alpine Cntv.. Cal. v.

Precise Systems, Inc. v. United States

122 Fed. Cl. 263 · United States Court of Federal Claims · Jul 28, 2015

Now post- remand, the court finds that the OHA has outlined more clearly its basis for departing from Precision Analytical as precedent in this case. See OHA Redetermination, at *13– 14. … stock qualified as separate “classes.”

Santa Barbara Club v. Commissioner

68 T.C. 200 · United States Tax Court · May 23, 1977

In summary, an examination of the legislative history surrounding the 1969 and 1976 amendments reveals clearly that Congress understood that social clubs were engaging in nonexempt activities to a substantial extent, and … They establish a limit of 15 percent on gross receipts derived from the use of facilities or services by nonmembers and a limit of 35 percent on the total amount of receipts from nonmembers.

Brooks v. United States

213 Ct. Cl. 115 · United States Court of Claims · Feb 23, 1977

It is not unusual for qualified officers to be passed over just because there are not enough promotion *118 slots to be filled by promotion of eligibles. … It noted that plaintiffs performance was "clearly outstanding.” The second OER covered the period January 2, 1974, through August 1, 1974 (hereinafter the August OER).

Bio-Medical Applications of Aquadilla, Inc. v. United States

119 Fed. Cl. 546 · United States Court of Federal Claims · Dec 19, 2014

(citing 28 U.S.C. § 1491(a)(1)). 3  The Tucker Act concurrently “waives the Government’s sovereign immunity for those actions.” Id. … Although Wesleyan did not sign the purchase orders, it performed, which clearly signals acceptance.

SOARES

12 I. & N. Dec. 653 · Board of Immigration Appeals · Jul 1, 1968

It appears to us that the issue resolves into a consideration of whether any illegitimate child (who otherwise qualifies) is a stepchild of the woman to whom his natural father is married solely because of the existence of … Supp. 531, Judge Feinberg stated that while on balance it was fair to say that the legislative history more clearly focuses on the mother-child relationship and tended to sup- port the Government's position, the legislative

Brennan v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 26, 2018

Brennan had not clearly identified the injury he was alleging and that his treating doctors believed many of the symptoms he complained of originated from psychiatric issues. Resp’t’s Rep. at 16. … Brennan has not even established his diagnosis, he cannot establish the other burdens necessary to be entitled to compensation. Accordingly, the undersigned finds that Mr.