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26 U.S.C. § 7323 — Judicial action to enforce forfeiture

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 161 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets out the rules under the heading “Judicial action to enforce forfeiture.” It states the duties, permissions, limits, definitions, or procedures included in the section.

(a) Nature and venue The proceedings to enforce that forfeitures must be in the nature of a proceeding in rem in the United States District Court for the district where that seizure is made. (b) Service of process when property has been returned under bond In case bond as provided in section 7324(3) must have been executed and the property returned before seizure of it by virtue of process in the proceedings in rem authorized in subsection (a) of this section, the marshal must give notice of pendency of proceedings in court to the parties executing that bond, by personal service or publication, and in that manner and form as the court may direct, and the court must thereupon have jurisdiction of that matter and parties in the same manner as if that property had been seized by virtue of the process aforesaid. (c) Cost of seizure taxable The cost of seizure made before process issues must be taxable by the court.

the actual law source: uscode.house.gov ↗public domain
(a) Nature and venue

The proceedings to enforce such forfeitures shall be in the nature of a proceeding in rem in the United States District Court for the district where such seizure is made.

(b) Service of process when property has been returned under bond

In case bond as provided in section 7324(3) shall have been executed and the property returned before seizure thereof by virtue of process in the proceedings in rem authorized in subsection (a) of this section, the marshal shall give notice of pendency of proceedings in court to the parties executing said bond, by personal service or publication, and in such manner and form as the court may direct, and the court shall thereupon have jurisdiction of said matter and parties in the same manner as if such property had been seized by virtue of the process aforesaid.

(c) Cost of seizure taxable

The cost of seizure made before process issues shall be taxable by the court.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 869.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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