Shreveport Coca Cola Bottling Co. v. United States

U.S. Customs Court

Shreveport Coca Cola Bottling Co. v. United States

19 Cust. Ct. 99, 1947 Cust. Ct. LEXIS 936

CourtUnited States Customs Court

DecidedJune 19, 1947

DocketNo. 51796; petitions 6574-R, etc. (Laredo)

StatusPublished

This text of 19 Cust. Ct. 99 (Shreveport Coca Cola Bottling Co. 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.

Bluebook

Shreveport Coca Cola Bottling Co. v. United States, 19 Cust. Ct. 99, 1947 Cust. Ct. LEXIS 936 (cusc 1947).

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Opinion

Opinion by

Lawrence, J.

The uncontradieted evidence established that the merchandise was entered and appraised at the invoice price of 55 cents per case; that prior to making such entry, petitioners consulted with the appraiser who approved such price as representing the true value of the merchandise; and that it was not until an appeal was taken by the collector and a reappraisement made by the court that the merchandise was finally appraised at 58 cents per case. From a careful examination of the record and a consideration of all the facts, the court was satisfied as to the good faith of the petitioners in the premises, and held that the entry of the merchandise at less than the value returned upon final appraisement was without any intention to defraud the revenue of the United States or to conceal or misrepresent the facts of the case or to deceive the appraiser as to the value of the merchandise. The petitions were therefore granted.

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Opinion by

Lawrence, J.

The uncontradieted evidence established that the merchandise was entered and appraised at the invoice price of 55 cents per case; that prior to making such entry, petitioners consulted with the appraiser who approved such price as representing the true value of the merchandise; and that it was not until an appeal was taken by the collector and a reappraisement made by the court that the merchandise was finally appraised at 58 cents per case. From a careful examination of the record and a consideration of all the facts, the court was satisfied as to the good faith of the petitioners in the premises, and held that the entry of the merchandise at less than the value returned upon final appraisement was without any intention to defraud the revenue of the United States or to conceal or misrepresent the facts of the case or to deceive the appraiser as to the value of the merchandise. The petitions were therefore granted.

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Bluebook (online)

19 Cust. Ct. 99, 1947 Cust. Ct. LEXIS 936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shreveport-coca-cola-bottling-co-v-united-states-cusc-1947.