SCOTT ET AL.

v.

KENTUCKY PAROLE BOARD ET AL.

Citator

Cited By (20 total)

• United States v. Garber, 607 F.2d 92 (5th Cir. 1979)
  …need only show that a substantial tax is owing. See, e. g., United States v. Miller, 9 Cir., 1976, 545 F. 2d 1204, cert. denied, 430 U.S. 930, 97 S.Ct. 1549, 51 L.Ed.2d 774 (1977); United States v. Allen, 6 Cir., 1975, 522 F. 2d 1229, cert. denied, 423 U.S. 1072, 96 S.Ct. 854, 47 L.Ed.2d 82 (1976). Since the amount of tax owing under either the personal service or sale of a product theory is essentially the same, testimony concerning which theory is in fact proper in this case is irrelevant and would serv…
• Empire-Detroit Steel Division v. Occupational Safety & Health Review Comm'n & Ray Marshall, 579 F.2d 378 (6th Cir. 1978)
  …ssion — it involves an element of obstinate refusal to comply. Most circuits have adhered to the definition of willful as announced by the Fourth Circuit in Intercounty Construction Co. v. OSHRC, 522 F. 2d 777, 779-80 (4th Cir. 1975), cert. denied, 423 U.S. 1072, 96 S.Ct. 854, 47 L.Ed.2d 82 (1976): ‘[W]illful’ means action taken knowledgeably by one subject to the statutory provisions in disregard of the action’s legality. No showing of malicious intent is necessary. A conscious, intentional, deliberate, v…
• George Hyman Constr. Co. v. Occupational Safety & Health Review Comm'n, 582 F.2d 834 (4th Cir. 1978)
  …basis for determining what constitutes a repeated violation under the Act. Although we have previously interpreted “willfully” under 29 U.S.C. § 666(a), see Intercounty Construction Co. v. OSHRC, 522 F. 2d 777, 779-80 (4th Cir. 1975), cert. denied, 423 U.S. 1072, 96 S.Ct. 854, 47 L.Ed.2d 82 (1976), we have not addressed the question of what constitutes a repeated violation under the Act. Several plausible suggestions have been proposed by the parties and the individual Commissioners. There appears to be li…

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