William Francis Smith
Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats review as complete once the tax court's conclusion has a rational evidentiary basis.
“The “judicial function is exhausted when there is found to be a rational basis for the conclusions” reached by the Tax Court.”
Rejects efforts to recast a completed transaction after the fact solely to obtain a more favorable tax result.
“The partners having employed the sale method to achieve their objective, Foxman and Grenell cannot avoid the tax consequences by a hindsight application of principles they now find advantageous to them and disadvantageous to Jacobowitz.”
Procedural preferences
Refuses to substitute judicial judgment for a jury's resolution of disputed facts.
“Neither the trial court nor this Court may substitute its judgment for that of the jury on disputed issues of fact.”
Requires positive assurance that an arbitration clause cannot cover the dispute before denying arbitration.
“An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.”
Cautions
Finds probable cause from the combination of descriptions and known circumstances rather than isolated background information.
“the combination of facts and circumstances existing in this case was sufficient to warrant a reasonable belief that the appellants perpetrated the crime in question.”
Will reverse fact findings that cross the demanding clearly-erroneous threshold.
“the ultimate findings of fact were clearly erroneous.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, the judgments will be reversed and the actions are remanded with directions that a new trial be had.”
“The cross-petition for enforcement will be denied.”
“This appeal will be dismissed and the action will be remanded to the District Court with directions to vacate the said order.”
“The appeal will be dismissed and the action will be remanded to the District Court.”
“The judgment of the court below will be reversed and the action will be remanded with directions that a new trial be ordered.”
“The District Court’s denial of the petition for writ of habeas corpus will be: affirmed.”
“The decision of the Tax Court will be affirmed.”
“The prayers of the petition for review will be denied and the prayers of the petition for enforcement will be granted.”
“The judgment of the court below will be affirmed.”
“This action will be remanded to the district court with directions to vacate the sentence imposed on October 19, 1962, and to reinstate the original sentence imposed on February 16, 1959.”
“The order of the Commission will be affirmed.”
“The judgments of conviction, except that relating to Sams on the second count of the indictment, will be affirmed. The conviction of Sams on the second count will be vacated.”
A historical record
Judge Smith no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.