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26 U.S.C. § 5236Discontinuance of storage facilities and transfer of distilled spirits

submitted 68 years ago by Pub. L. 85-859 to r/title-26-INTERNAL-REVENUE-CODE · 197 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary close unsafe or wasteful bonded storage and move the spirits. It assigns the cost to the owner or warehouseman and provides for seizure and sale after noncompliance.

If the Secretary finds bonded storage facilities unsafe or unfit, or finds that spirits there face great loss or waste, the Secretary may require the facilities to stop being used and order the spirits moved to designated facilities. The move must occur when and under the supervision the Secretary requires, and the owner or warehouseman pays its expense. If the owner or warehouseman does not move the spirits on time or pay the proper expense determined by the Secretary, the Secretary may seize and sell them as goods are sold for tax distraint. The sale proceeds pay the taxes due and the sale and removal costs; any balance goes to the owner.
the actual law source: uscode.house.gov ↗public domain

When the Secretary finds any facilities for the storage of distilled spirits on bonded premises to be unsafe or unfit for use, or the spirits contained therein subject to great loss or wastage he may require the discontinuance of the use of such facilities and require the spirits contained therein to be transferred to such other storage facilities as he may designate. Such transfer shall be made at such time and under such supervision as the Secretary may require and the expense of the transfer shall be paid by the owner or the warehouseman of the distilled spirits. Whenever the owner of such distilled spirits or the warehouseman fails to make such transfer within the time prescribed, or to pay the just and proper expense of such transfer, as ascertained and determined by the Secretary, such distilled spirits may be seized and sold by the Secretary in the same manner as goods are sold on distraint for taxes, and the proceeds of such sale shall be applied to the payment of the taxes due thereon and the cost and expenses of such sale and removal, and the balance paid over to the owner of such distilled spirits.

Source credit: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1369; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-859 · 72 Stat. 1369
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-859 on 1958-09-02.

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