Title 26Internal Revenue CodeRelease 119-73

§5602 Penalty for tax fraud by distiller

Title 26 › Subtitle Subtitle E— - Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 51— - DISTILLED SPIRITS, WINES, AND BEER › Subchapter Subchapter J— - Penalties, Seizures, and Forfeitures Relating to Liquors › Part PART I— - PENALTY, SEIZURE, AND FORFEITURE PROVISIONS APPLICABLE TO DISTILLING, RECTIFYING, AND DISTILLED AND RECTIFIED PRODUCTS › § 5602

Last updated Apr 6, 2026|Official source

Summary

Distillers who cheat or try to cheat on spirits tax can be fined up to $10,000, jailed up to 5 years, or both. Cases can't be dropped without the Attorney General's written permission.

Full Legal Text

Title 26, §5602

Internal Revenue Code — Source: USLM XML via OLRC

Whenever any person engaged in or carrying on the business of a distiller defrauds, attempts to defraud, or engages in such business with intent to defraud the United States of the tax on the spirits distilled by him, or of any part thereof, he shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. No discontinuance or nolle prosequi of any prosecution under this section shall be allowed without the permission in writing of the Attorney General.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5602, act Aug. 16, 1954, ch. 736, 68A Stat. 863, related to penalty and forfeiture for setting up still without a permit, prior to the general revision of this chapter by Pub. L. 85–859. See section 5615(2) and 5687 of this title. Provisions similar to those comprising this section were contained in prior section 5606, 5626, act Aug. 16, 1954, ch. 736, 68A Stat. 684, 688, prior to the general revision of this chapter by Pub. L. 85–859.

Reference

Citations & Metadata

Citation

26 U.S.C. § 5602

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73