Legal Opinion · Dissent

United States v. Duane Benton, Director of Revenue, State of Missouri Missouri Department of Revenue State of Missouri

Court of Appeals for the Eighth Circuit

Decided September 16, 1992No. 91-2206Published

1DissentWellford, Senior Circuit Judge

One of the clauses in the contract between the United States and Olin relates to “allowable cost and payment.” See Contract Part II — Section I, 11 2, clause 14 (incorporating Federal Acquisition Regulation (“FAR”) 52.215-7 (APR 1984)). The contract incorporates FAR 32.205-41 by reference, which provides in pertinent part:(a) The following types of costs are allowable:(1) Federal, State, and local taxes (see part 29), except as otherwise provided in paragraph (b) below that are required to be and are paid or accrued in accordance with generally accepted accounting principles.(b) The following…

2Cases cited8 opinions

  1. United States v. New MexicoSupreme Court of the United States · 1982
  2. United States of America, Reynolds Electrical & Engineering Co., Inc. And Cashman Equipment Co. v. Nevada Tax CommissionCourt of Appeals for the Ninth Circuit · 1971
  3. Canteen Corp. v. GoldbergSupreme Court of Missouri · 1980
  4. United States v. Bureau Of Revenue Of State Of New MexicoCourt of Appeals for the Tenth Circuit · 1961
  5. Marquardt Corp. v. Weber CountyCourt of Appeals for the Tenth Circuit · 1966

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