Dreyfus Ashby & Co., Inc. v. United States

U.S. Customs Court

Dreyfus Ashby & Co., Inc. v. United States

31 Cust. Ct. 287, 1953 Cust. Ct. LEXIS 1126

CourtUnited States Customs Court

DecidedNovember 5, 1953

DocketNo. 57599; protests 203337-K, etc. (New York)

StatusPublished

This text of 31 Cust. Ct. 287 (Dreyfus Ashby & Co., Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dreyfus Ashby & Co., Inc. v. United States, 31 Cust. Ct. 287, 1953 Cust. Ct. LEXIS 1126 (cusc 1953).

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Opinion

Opinion by

Johnson, J.

At the trial it was stipulated that the issues and facts herein are similar in all material respects to those involved in United States v. Browne Vintners Co., Inc. (34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested, not found, were not in fact received by the importers. In accordance with stipulation of counsel and following the decision cited it was held that duty and internal revenue tax are not assessable upon such portions of the merchandise as were reported by the inspector as manifested, not found.

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Opinion by

Johnson, J.

At the trial it was stipulated that the issues and facts herein are similar in all material respects to those involved in United States v. Browne Vintners Co., Inc. (34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested, not found, were not in fact received by the importers. In accordance with stipulation of counsel and following the decision cited it was held that duty and internal revenue tax are not assessable upon such portions of the merchandise as were reported by the inspector as manifested, not found.

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Bluebook (online)

31 Cust. Ct. 287, 1953 Cust. Ct. LEXIS 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dreyfus-ashby-co-inc-v-united-states-cusc-1953.