Summary

Byron White United States v. Sperry Corporation…

As for the deduction itself, the United States urges that it is not a taking at all but is a reasonable "user fee" assessed against claimants before the Tribunal and intended to reimburse the United States for its costs in connection with the Tribunal. Sperry responds that the § 502 charge cannot be upheld as a user fee because there has been no showing that the amount of the deduction approximates the cost of the Tribunal to the United States or bears any relationship to Sperry's use of the Tribunal or the value of the Tribunal's services to Sperry.
Source: Wikisource

Byron White United States v. Sperry Corporation…

The Court of Appeals agreed with Sperry. 853 F.2d 904, 906-907 (CA Fed.1988) . It is artificial to view deductions of a percentage of a monetary award as physical appropriations of property. Unlike real or personal property, money is fungible. No special constitutional importance attaches to the fact that the Government deducted its charge directly from the award rather than requiring Sperry to pay it separately.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature