Scribd Logo
Upload

Welcome to Scribd!

  • 2010-10-25 - JT Tax Seminar

    Uploaded by

    fisherre2000
    12 views5 pages
    U.s. Vs. Mersky is case of willful removal of labels of origin. Mark o'mara: statute is not complete by itself; it is the statute which creates offense. He says regulations, called for by the statute, have the force of law Once promulgated. O’mara: only together do they have any force, and the construction of one necessarily involves the construction of the other.

    Original Description:

    Original Title

    2010-10-25 - JT Tax seminar

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    U.s. Vs. Mersky is case of willful removal of labels of origin. Mark o'mara: statute is not complete by itself; it is the statute which creates offense. He says regulations, called for by the statute, have the force of law Once promulgated. O’mara: only together do they have any force, and the construction of one necessarily involves the construction of the other.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    12 views5 pages

    2010-10-25 - JT Tax Seminar

    Uploaded by

    fisherre2000
    U.s. Vs. Mersky is case of willful removal of labels of origin. Mark o'mara: statute is not complete by itself; it is the statute which creates offense. He says regulations, called for by the statute, have the force of law Once promulgated. O’mara: only together do they have any force, and the construction of one necessarily involves the construction of the other.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 5

    US vs MERSKY

    United States v. Mersky, 361 U.S. 431, 438 (1960)

    Here the statute is not complete by itself, since it merely declares the range of its operation, and
    leaves to its progeny the means to be utilized in the effectuation of its command. But it is the
    statute which creates the offense of the willful removal of the labels of origin, and provides the
    punishment for violations. The regulations, on the other hand, prescribe the identifying language
    of the label itself, and assign the resulting tags to their respective geographical areas. Once
    promulgated,

    Page 361 U. S. 438

    these regulations, called for by the statute itself, have the force of law, and violations thereof
    incur criminal prosecutions, just as if all the details had been incorporated into the congressional
    language. The result is that neither the statute nor the regulations are complete without the other,
    and only together do they have any force. In effect, therefore, the construction of one necessarily
    involves the construction of the other.

    You might also like