Case law

Hollymatic Corporation

Armed Services Board of Contract Appeals · Mar 22, 2021

Our findings establish that none of these representations were true. … This clearly was not the case. Mr.

Towne v. United States

106 Fed. Cl. 704 · United States Court of Federal Claims · Oct 25, 2012

The resulting law ensures that disabled service members qualify for certain minimum severance payments, even if their service time would otherwise have been insufficient to qualify them for those payments under the general … Defendant Has Not Established That the DTM Was the Result of “Reasoned Decisionmaking ” To satisfy the “reasoned decisionmak-ing” requirement, an agency interpreting a statute must “have articulated the reasons for [its]

Yarnell Ice Cream, LLC

Trademark Trial and Appeal Board · Jul 9, 2019

This record, in contrast, amply establishes that the word “scoop” is merely descriptive of the goods. … 45 of the Trademark Act, we find on this record that neither the live mascot nor his cartoon counterpart so qualify.

Multimedia Environmental Compliance Group Jv v. United States

United States Court of Federal Claims · Sep 18, 2025

Under the program, “[a] protégé and mentor may joint venture as a small business for any government prime contract 2 . . . provided the protégé qualifies as small for the … Thus, Acacia7 contended that “the [JVA] does not qualify for SBA’s exception for affiliation between joint venturers.” AR 5615. On January 22, 2025, OHA reversed the Area Office’s size determination.

C. J. Van Houten & Zoon, Inc. v. United States

44 Cust. Ct. 223 · United States Customs Court · May 17, 1960

He stated that, in ordering chocolate bars from Holland, it was necessary to qualify the product by the name of the flavoring contained therein, and he described the exhibit representing the merchandise in issue as a “milk … Plaintiffs deny attempting to establish a commercial meaning different from the common meaning of the term “chocolate.” This meaning has been established by judicial construction and adhered to for many years.

Nippon Import & Trading Co. v. United States

14 Cust. Ct. 35 · United States Customs Court · Jan 10, 1945

So we are of the opinion, and so hold, that the testimony of plaintiff’s witnesses herein clearly establishes that the term “rugs” as used in the cotton rag “hit- and-miss” floor covering trade at and prior to June 1930, … This experience certainly does not qualify him as a commercial witness. The fourth witness called by the Government was George C. Rus ton. He testified that he has been employed by the I. Namm Store, in Brooklyn, N.

Kelham v. Commissioner

13 T.C. 984 · United States Tax Court · Dec 20, 1949

The petitioner here is seeking immunity from tax, that is, is seeking an exemption, a matter of legislative grace. … of *1007 an equivalent amount of profit subsequently earned," denied the immunity.

Moyer v. Derwinski

2 Vet. App. 289 · United States Court of Appeals for Veterans Claims · Apr 8, 1992

However, the facts here clearly show that appellant’s “employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, [and, therefore], present unemployability … Appellant notes that the “disability rating of a qualified veteran who begins to engage in a substantially gainful occupation ... may not be reduced on the basis of the veteran having secured and followed a substantially

Ashley Furniture Industries, Inc. v. United States

818 F. Supp. 2d 1355 · United States Court of International Trade · Jan 31, 2012

Determining that Ashley did not qualify for CDSOA benefits, ITC declined to designate Ashley an ADP with respect to this order for Fiscal Years 2007 through 2010. … We conclude, however, that Ashley does not qualify for permanent equitable relief.

Hilo Rice Mill Co. v. United States

53 Cust. Ct. 47 · United States Customs Court · Jul 6, 1964

The next question is whether these peanut crackers, although not biscuits, wafers, cake, or cakes, are similar to some one or another of those articles, so as to qualify for paragraph 733 classification. … The only thing they establish with certainty is that similar articles must be alike in some respects and different in others.

Pusateri v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 12, 2026

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Savasan states: IMMUNIZATION STATUS: [Petitioner] has received all of her immunizations, receiving two of the three doses of Gardasil; however, [petitioner] has not mounted an immune response to the

System Studies & Simulation, Inc v. United States

United States Court of Federal Claims · Dec 20, 2019

The ability to adequately staff qualified personnel is critical to the accomplishment of the mission. … As defendant emphasizes, the Agency is uniquely qualified in this case to evaluate L3 Doss’s past performance.

General Conference of Free Church v. Commissioner

71 T.C. 920 · United States Tax Court · Feb 28, 1979

Held , on the facts established by the administrative record and assumed to be true, petitioner was not organized and operated exclusively for religious purposes and thus is not qualified for exemption from taxation pursuant … The statement should clearly identify all sources of receipts and the purposes for which all expenditures were made.

Hammond v. Commissioner

20 T.C. 285 · United States Tax Court · Apr 30, 1953

Petitioner's expenses were clearly not deductible and respondent properly disallowed them. See also York v. Commissioner , 160 F. 2d 385 . … He bases this contention on the "partnership of acquets and gains" established under the community property laws. We think the inaccuracy of the analogy is apparent.

Bander v. United States

161 Ct. Cl. 475 · United States Court of Claims · Apr 5, 1963

effective February 25, 1956, to that of a Begular Carrier, subject only to completion of satisfactory probational period; and on March 12, 1956, was notified of his removal, effective March 23,1956, because of his failure “to qualify … established by judicial decisions rendered prior to the disposition of the plaintiff’s earlier case on January 15,1958.

Montague Machine Co. v. United States

12 Cust. Ct. 30 · United States Customs Court · Jan 19, 1944

This differentiation, it is asserted, is indicative of a congressional purpose to provide only for such unfinished machines and parts thereof as are therein specifically named and so qualified, and that the same interpretation … The established facts, therefore, make here applicable the rule judicially enunciated in the Willoughby case, supra.

Brice v. Secretary of the Department of Health & Human Services

36 Fed. Cl. 474 · United States Court of Federal Claims · Sep 6, 1996

the vaccine which were unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit____ Under this definition, a petitioner very possibly would not know that the vaccine recipient suffered from a qualifying … In certain areas, the level of immunization against some preventable diseases has decreased while the incidence of those diseases has increased. H.R.Rep. No. 908 at 4, reprinted in 1986 U.S.C.C.A.N. at 6345.

Pollack v. Commissioner

69 T.C. 142 · United States Tax Court · Oct 27, 1977

Petitioner maintains that the interest involved failed to qualify as a capital asset under section 1221 and that, despite the language of section 741, the interest constituted an ordinary asset in his hands. … Clearly, such interpretation is not unreasonable in light of the legislative record and the language of the statute. See Commissioner v. South Texas Lumber Co., 333 U.S. 496 (1948).

Doug Paluck and Rhonda Paluck, as Parents and Natural Guardians on Behalf of Their Minor Son, Karl Paluck v. Secretary of Health and Human Services

United States Court of Federal Claims · May 10, 2013

to establish the factors set forth in Althen v. … Snodgrass stated that “a fever two days after immunization is unlikely to be due to those immunizations.” Tr. 339:1-2.30 Even though Karl had a fever on two days in January, Dr.

Logicon, Inc. v. United States

37 Cont. Cas. Fed. 76,066 · United States Court of Claims · Mar 25, 1991

In the “Source Selection Plan” utilized by NUSC’s evaluators, 11 A.l. of Part Five set the following guideline: “DEFICIENCY: An aspect of a proposal which fails to meet Government established minimum requirements as established … “A” — acceptable—no deficiencies; offeror fully qualified to perform (70-89 points) 3.