green
Positive treatment
Quoted verbatim 1×
11.1 score
G Cite
cited 2× by 1 distinct case, last quoted 1990 ·
…in computing the amount of gain on the disposition, the outstanding debt must be included in the 'amount realized' by the taxpayer whether the debt is recourse or non-recourse
⚠ not in text
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Jack C. Chilingirian Joann E. Chilingirian v. Commissioner of Internal Revenue
(2×)
in computing the amount of gain on the disposition, the outstanding debt must be included in the 'amount realized' by the taxpayer whether the debt is recourse or non-recourse
examined
Cited "see"
Ruta Marie Kahn v. Immigration and Naturalization Service
(4×)
See Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133 (9th Cir.1984), cert. denied, 469 U.S. 1189 [ 105 S.Ct. 959 , 83 L.Ed.2d 965 ] (1985). 6 The government asks this court to adopt the Board's analysis and make state law determinative of family ties for purposes of discretionary relief under Sec. 212(c): "[B]ecause California law does not recognize common law marriage, the petitioner's relationship ... was not a substantial equity." (Gov.
examined
Cited "see"
Ruta Marie Kahn v. Immigration and Naturalization Service
(4×)
See Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133 (9th Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985). 6 The government asks this court to adopt the Board's analysis and make state law determinative of family ties for purposes of discretionary relief under Sec. 212(c): "[B]ecause California law does not recognize common law marriage, the petitioner's relationship ... was not a substantial equity." (Gov.
discussed
Cited "see"
Cook v. Brown
See Goodrich v. Dep’t of the Navy, 733 F.2d 1578, 1579 (Fed.Cir.1984) (court implicitly approved MSPB award of attorney fee, for in-house-organization counsel’s representation, calculated on the basis of the employee’s hourly salary rate doubled to reflect overhead costs), cert. denied, 469 U.S. 1189 , 105 S.Ct. 958 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see"
Alexander v. United States
(2×)
See Yarbro v. Commissioner, 737 F.2d 479, 483 (5th Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985). 5 .
cited
Cited "see"
Harper v. Better Business Services, Inc.
See Goodrich v. Department of the Navy, 733 F.2d 1578, 1580 (Fed.Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 958 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see"
Ward v. City of San Jose
(2×)
A new trial may be ordered to correct manifest errors of law or fact, but “[t]he burden of showing harmful error rests on the party seeking the new trial.” Corder, 688 F.Supp. at 1424 ; accord Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133 (9th Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see"
In Re Lowell H. Becraft, Jr. United States of America v. Kenneth W. Nelson
(2×)
See Malhiot v. S. Cal. Retail Clerks Union, 735 F.2d 1133, 1137 (9th Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985) (appeal frivolous when “result is obvious or [when] the claims of error are wholly without merit”). 9.
discussed
Cited "see"
Lawrence B. Ordower v. Leonard Feldman, and Sinclair Global Brokerage Corporation
(2×)
See Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133, 1138 (9th Cir.1984) (court awards flat sum of $1500 without documentation as sanction for violating 28 U.S.C. § 1927 ), cert. denied, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985) .
discussed
Cited "see"
Yvonne M. Allen v. Western Conference of Teamsters Pension Trust Fund
(2×)
See Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133, 1135 (9th Cir.1984) (trustees of benefit fund may deny medical benefits to “spouse” not legally married to member of benefit fund), cert. denied, — U.S. —, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985); Rehmar v. Smith, 555 F.2d 1362, 1372 (9th Cir.1977) (trustees may require “spouse” to be legally married in order to receive survivor’s benefits from pension fund). 1 Conclusion The judgment of the district court is reversed and the case is remanded with instructions to dismiss the complaint. 1 .
discussed
Cited "see"
Sun Oil Co. v. Carisle
(2×)
See Quaker Oats Co. v. M/V Torvanger, 734 F.2d 238, 240 (5th Cir.1984), cert. denied, — U.S. ---, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see"
Sun Oil Company Of Pennsylvania v. M/T Carlisle
(2×)
See Quaker Oats Co. v. M/V Torvanger, 734 F.2d 238, 240 (5th Cir.1984), cert. denied, --- U.S. ----, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see"
Optyl Eyewear Fashion International Corp. v. Style Companies, Ltd.
(2×)
See Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133, 1138 (9th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see"
Optyl Eyewear Fashion International Corporation v. Style Companies, Ltd.
(2×)
See Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133, 1138 (9th Cir.1984), cert. denied, --- U.S. ----, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see, e.g."
In Re Massoud Vasseli, Susan A. Vasseli. Massoud Vasseli, Susan A. Vasseli v. Wells Fargo Bank, National Association
(2×)
In re American President Lines, Inc., 779 F.2d 714, 717 (D.C.Cir.1985); see also, Malhiot v. Southern Cal. Retail Clerks Union, 735 F.2d 1133, 1137 (9th Cir.1984), cert. denied sub nom., Jampol v. Southern Cal. Retail Clerks Union, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985); Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485 (9th Cir.1983), cert. denied, 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984). *354 Under Rule 38 any fee request for attorney’s fees incurred by a prevailing party must be made to the appellate court.
examined
Cited "see, e.g."
David L. Adams v. R.S. Peterson, Superintendent of O.S.C.I.
(4×)
To create a gray area where stipulations, as a part of a trial, would be governed by the rules on the acceptance of pleas would further complicate the trial judge's duties and push him further into the role of an advocate. 73 Terrack, 515 F.2d at 561 n. 3 (emphasis added); see also United States v. Schuster, 734 F.2d 424, 425 (9th Cir.1984) (per curiam) (holding that a plea of not guilty combined with a stipulation of facts sufficient to establish guilt does not constitute a de facto guilty plea and therefore does not implicate the procedural protections of such a plea), cert. denied, 469 U.S.…
discussed
Cited "see, e.g."
Jesse L. Harper v. Better Business Services, Inc.
See, e.g., Goodrich v. Department of the Navy, 733 F.2d 1578, 1580-81 (Fed.Cir.1984), cert. denied, 469 U.S. 1189 , 105 S.Ct. 958 , 83 L.Ed.2d 965 (1985); National Treasury Employees Union v. Department of the Treasury, 656 F.2d 848, 850-53 (D.C.Cir.1981); Anderson v. Department of the Treasury, 648 F.2d 1, 3 (D.C.Cir.1979) (per curiam).
examined
Cited "see, e.g."
David L. Adams v. R.S. Peterson, Superintendent of O.S.C.I.
(4×)
To create a gray area where stipulations, as a part of a trial, would be governed by the rules on the acceptance of pleas would further complicate the trial judge's duties and push him further into the role of an advocate. 72 Terrack, 515 F.2d at 561 n. 3 (emphasis added); see also United States v. Schuster, 734 F.2d 424, 425 (9th Cir.1984) (per curiam) (holding that a plea of not guilty combined with a stipulation of facts that strongly suggests guilt does not constitute a de facto guilty plea and therefore does not implicate the procedural protections of such a plea), cert. denied, 469 U.S. …
cited
Cited "see, e.g."
Johnson v. United States
Devine, 805 F.2d at 388-89 ; see also Goodrich v. Department of the Navy, 733 F.2d 1578, 1579-80 (Fed.Cir.1984), cer t. denied, 469 U.S. 1189 , 105 S.Ct. 958 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see, e.g."
O'connell Machinery Company, Inc. v. M.V. \Americana\""
(2×)
See, e.g., Quaker Oats Co. v. M/V Torvanger, 734 F.2d 238, 241 (5th Cir.1984) (citing Lekas & Drivas, Inc. v. Goulandris, 306 F.2d 426, 432 (2d Cir.1962)), cert. denied, --- U.S. ----, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
discussed
Cited "see, e.g."
O'Connell Machinery Co. v. M.V. \Americana\""
(2×)
See, e.g., Quaker Oats Co. v. M/V Torvanger, 734 F.2d 238, 241 (5th Cir.1984) (citing Lekas & Drivas, Inc. v. Goulandris, 306 F.2d 426, 432 (2d Cir. 1962)), cert. denied, — U.S.-, 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985).
Retrieving the full opinion text from the archive…
Schuster
v.
United States
v.
United States
No. 84-579.
Supreme Court of the United States.
Jan 21, 1985.
Published
Citer courts: Sixth Circuit (2)
C. A. 9th Cir. Certiorari denied.