§5311 — Title 26 Internal Revenue Code | U.S. Code

§5311 Detention of containers

Title 26 › Subtitle Subtitle E— - Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 51— - DISTILLED SPIRITS, WINES, AND BEER › Subchapter Subchapter E— - General Provisions Relating to Distilled Spirits › Part PART III— - MISCELLANEOUS PROVISIONS › § 5311

Last updated Apr 6, 2026|Official source

Summary

An internal revenue officer may hold any container that has, or is thought to have, distilled spirits, wine, or beer if the officer believes the tax wasn’t paid or the container is being moved illegally. The officer can keep it in a safe place, but not longer than 72 hours unless a court order or a supervising officer allows more time.

Title 26, §5311

Internal Revenue Code — Source: USLM XML via OLRC

It shall be lawful for any internal revenue officer to detain any container, containing or supposed to contain, distilled spirits, wines, or beer, when he has reason to believe that the tax imposed by law on such distilled spirits, wines, or beer has not been paid or determined as required by law, or that such container is being removed in violation of law; and every such container may be held by him at a safe place until it shall be determined whether the property so detained is liable by law to be proceeded against for forfeiture; but such summary detention shall not continue in any case longer than 72 hours without process of law or intervention of the officer to whom such detention is to be reported.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5311, act Aug. 16, 1954, ch. 736, 68A Stat. 658, related to importation of alcohol for industrial purposes, prior to the general revision of this chapter by Pub. L. 85–859. See section 5232 of this title. Provisions similar to those comprising this section were contained in prior section 5211, act Aug. 16, 1954, ch. 736, 68A Stat. 638, prior to the general revision of this chapter by Pub. L. 85–859.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1959, see section 210(a)(1) of Pub. L. 85–859, set out as a note under section 5001 of this title.