Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
The imported casino vessel was classified as a pleasure vessel under Heading 89039990, not as a passenger vessel under Heading 89011010, so the customs and CVD exemptions linked to Heading 8901 were unavailable. On valuation, only the cost of movement from Hammond to Quebec was includible; the other foreign remittances, travel expenses, demurrage, and salvage-related expenditure were excluded from assessable value. Incorrect tariff classification alone did not justify confiscation where the import documents correctly described the vessel and there was no misdescription. Penalties also failed because the valuation omission was found to be based on a bona fide belief, and the confiscation and penalties were set aside.
The imported casino vessel was classified as a pleasure vessel under Heading 89039990, not as a passenger vessel under Heading 89011010, so the customs and CVD exemptions linked to Heading 8901 were unavailable. On valuation, only the cost of movement from Hammond to Quebec was includible; the other foreign remittances, travel expenses, demurrage, and salvage-related expenditure were excluded from assessable value. Incorrect tariff classification alone did not justify confiscation where the import documents correctly described the vessel and there was no misdescription. Penalties also failed because the valuation omission was found to be based on a bona fide belief, and the confiscation and penalties were set aside.
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