Case law

Annette B. Briley v. Eric K. Shinseki

25 Vet. App. 196 · United States Court of Appeals for Veterans Claims · Apr 19, 2012

In doing so, the Supreme Court clearly indicated that our authority must be based on what Congress intended and, therefore, did not enlarge our jurisdiction beyond that expressly given to us by Congress. … Our jurisdiction, like that of all federal courts other than the Supreme Court, is established solely by Congress, not the Court. Sheldon v. Sill, 49 U.S. 441, 449 (1850).

A-H

23 I. & N. Dec. 774 · Board of Immigration Appeals · Jul 1, 2005

Finally, respondent testified below that after the GIA’s murder of the FIS leaders, he “disassociated” himself from the GIA, which clearly implies that he was “associated” with the GIA up until at least November 1995. … Indeed, as the ultimate fact-finder, the Attorney General must be able to establish and verify all facts as they currently exist.

Holiday Village Shopping Center ex rel. Mitchell v. United States

5 Cl. Ct. 566 · United States Court of Claims · Jun 6, 1984

This rule has been well established since as far back as 1935 2 and was specifically enacted in § 336 of the Code in 1954. 3 *568 The depreciation recapture provisions are of more recent vintage. … In explanation it quoted the language of the House conference committee report discussed supra, and it then stated ( 79 T.C. at 433 ): When the 1954 Code was adopted by Congress, the conference report * * * clearly stated

Miller v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 9, 2017

He stated this was clearly not ataxia. Id. … Rosé said he was having difficulties establishing the source of petitioner’s joint pain. Id. at 688.

Relationship Between Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and Statutory Requirement for Confidentiality of Census Information

Department of Justice Office of Legal Counsel · May 18, 1999

Copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or … The plain terms of 13 U.S.C. § 9(a) certainly make clear the nature of this federal governmental commitment to confidentiality, as they render covered census information immune from legal process.

Pasco Terminals, Inc. v. United States

477 F. Supp. 201 · United States Customs Court · Sep 26, 1979

to such customers on specific dates, qualify as information which gives Freeport an opportunity to obtain an advantage over competitors, such as Azufrera, who do not possess such information. … Thus, the Commission clearly met its statutory obligations to state the reasons in support of its findings.

Property Owners Mut. Ins. Co. v. Commissioner

28 T.C. 1007 · United States Tax Court · Aug 23, 1957

Insurance companies may qualify in the various States to write insurance at rates which deviate from the rate promulgated by the rating bureaus. … It clearly belongs to the policyholders and should be returned to them. Respondent's argument, based upon the testimony of petitioner's actuary, is not wholly without substance.

Halsted v. Commissioner

28 T.C. 1069 · United States Tax Court · Aug 28, 1957

The petitioner, Harbeck Halsted, established two trusts in 1929 for the benefit of his wife, Hedi Halsted. … The two trusts were established *109 on November 20, 1929. In one, the trustee was the Equitable Trust Company of New York, presently the Chase Manhattan Bank of the City of New York.

Raymond Express International, LLC v. United States

124 Fed. Cl. 79 · United States Court of Federal Claims · Nov 18, 2015

DeCA, too, recognized that special efforts would be required to find contractors qualified to perform the FFV contracts. AR at 471. … See Dick Enterprises, 1995 WL 376679, at *3 (recommending that the agency “clearly establish[]” the offeror’s identity, as a first step, rather than recommending that the agency immediately terminate the contract award);

Kinney v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 4, 2024

to depression) had a less effective immune response. … Conclusion Petitioner has clearly suffered and for that she has my sympathy.

Buckner v. Commissioner

45 B.T.A. 544 · United States Board of Tax Appeals · Nov 4, 1941

Dearing qualified as executor of the estate. On February 27, 1932, petitioner accepted the provisions of the will. The will devised and bequeathed *546 to Willis R. … Here the will of the decedent clearly bequeathed his interest in the partnership to Willis R. Dearing in trust, with petitioner as sole beneficiary of the trust.

Bargsley v. United States

120 Fed. Cl. 619 · United States Court of Federal Claims · Apr 17, 2015

Cir. 1988) (agreeing that the plaintiff bore “the burden of establishing subject matter jurisdiction by a preponderance of the evidence”). … “The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.”

Bonanza Trucking Corp. v. United States

664 F. Supp. 1453 · United States Court of International Trade · Jun 18, 1987

A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such … Each hinges on alleged unavailability of qualified counsel. Plaintiff's counsel claim that they are “experienced litigants” in the areas of customs and international trade law. Plaintiffs Memorandum, p. 32.

Standard Knitting, Ltd. v. Toyota Jidosha Kabushiki Kaisha

Trademark Trial and Appeal Board · Jan 10, 2006

However, the evidence fails to qualify Mr. Groumoutis as competent to testify about the licensing activities of particular companies. … Groumoutis has adequately established that these documents are records maintained by opposer in the ordinary course of business and that he is qualified to testify as to such matters.

Mississippi Department of Rehabilitation Services v. United States

61 Fed. Cl. 20 · United States Court of Federal Claims · Jun 4, 2004

MDRS does not qualify as a section 8(a) entity. However, consistent with the DoD memorandum, the Government does not contend that it can exclude the coverage of the RSA simply by failing to cite it in an RFP. … Standing: In order to establish standing, MDRS must show that it is an “interested party” within the meaning of 28 U.S.C. § 1491 (b)(1).

Whether Postal Employees Are Entitled to Receive Service Credit, for Purposes of Their Retirement Annuity Under the Federal Employees' Retirement System, for Periods of Employment During Which the USPS Has Not Made Its Required Employer Contributions

Department of Justice Office of Legal Counsel · Nov 1, 2011

The statute establishes different potential retirement ages for employees depending on the number of years of service completed. Id. § 8412 (2006 & Supp. IV 2010). … Among other things, Congress also enacted FERS to establish a new retirement plan “to assist in building a quality career work force in the Federal Government.” Id. § 100A(5).

Constitutionality of Cost-Insurance-Freight Basis of Customs Valuation

Department of Justice Office of Legal Counsel · Nov 6, 1978

The omission in the qualifying phrase of the broadest term, “ taxes,” indicates that the strictures of the uniformity provision are designed to apply only to a subclass of taxes, denominated “ duties, imposts and excises. … or pay duties or imposts in any other State than in that to which they may be bound, or to clear out in any other than the State in which their cargoes may be laden on board; nor shall any privilege or immunity

Kent v. United States

United States Court of Federal Claims · Jan 17, 2025

And it held that in the conveyances at issue in that case, “[t]he word ‘across,’ in conjunction with the words ‘as located,’ merely describes the location of the subject parcel and does not qualify or limit the property interest … And as “the language of the deed determines the nature of the estate conveyed,” the deed here clearly conveyed fee simple.

Gidden v. United States

13 Cust. Ct. 110 · United States Customs Court · Sep 22, 1944

Herman Arrow, who is a well-qualified chemist employed in the customs laboratory in the appraiser’s pffice at New York and who testified that he analyzed a sample of the importation in the instant case and determined that … We are of opinion that the screenings of garbanzos are clearly provided for under paragraph 731, supra, as screenings of seeds, ground, and so hold. Let judgment be entered accordingly. In Fernando Badrena v.

Diallo v. Comm'r

102 T.C.M. 638 · United States Tax Court · Dec 29, 2011

Schedule C Gross Receipts If a taxpayer fails to keep adequate records, the Commissioner may reconstruct the taxpayer’s income by any reasonable method that clearly reflects income. … - 8 - “qualifying relative”. Secs. 151(c), 152(a).