§5271 — Title 26 Internal Revenue Code | U.S. Code

Summary

You must get a permit from the Secretary before you can get or use distilled spirits tax-free under section 5214(a)(2) or (3), before you deal in or use specially denatured distilled spirits, or before you recover specially or completely denatured distilled spirits. To get a permit you must file an application in the form and at the times the Secretary requires. The permit will say exactly what you may do, where, and when. The Secretary can refuse an application after notice and a hearing if the person is not legally allowed, seems unlikely to follow the rules because of their business or money situation, gave false or missing important information, or the place proposed is not good enough to protect the government’s revenue. You must tell the Secretary in writing about changes to the information in your application and may have to file an amended application if the change affects the permit. After a permit is issued, the Secretary can suspend or revoke it after notice and a hearing for reasons like not following the law or permit conditions, false statements, failing to disclose required information, violating U.S. laws about intoxicating liquor or certain felony convictions, no longer being fit to procure or use the spirits, making items that do not meet legal descriptions, or not doing the permitted work for more than 2 years. Permits stay valid until suspended, revoked, or surrendered. Permits to use tax-free spirits, to deal in or use specially denatured spirits, or to recover specially or completely denatured spirits must be posted and available for inspection on the premises. The Secretary will make all rules needed for issuing, denying, suspending, revoking permits and for handling unused spirits when a permit ends.

Title 26, §5271

Internal Revenue Code — Source: USLM XML via OLRC

(a)No person shall—

(1)procure or use distilled spirits free of tax under the provisions of section 5214(a)(2) or (3); or

(2)procure, deal in, or use specially denatured distilled spirits; or

(3)recover specially or completely denatured distilled spirits, until he has filed an application with and received a permit to do so from the Secretary.

(b)(1)The application required by subsection (a) shall be in such form, shall be submitted at such times, and shall contain such information, as the Secretary shall by regulations prescribe.

(2)Permits under this section shall, under such regulations as the Secretary shall prescribe, designate and limit the acts which are permitted, and the place where and time when such acts may be performed. Such permits shall be issued in such form and under such conditions as the Secretary may by regulations prescribe.

(c)Any application submitted under this section may be disapproved and the permit denied if the Secretary, after notice and opportunity for hearing, finds that—

(1)in case of an application to withdraw and use distilled spirits free of tax, the applicant is not authorized by law or regulations issued pursuant thereto to withdraw or use such distilled spirits; or

(2)the applicant (including, in the case of a corporation, any officer, director, or principal stockholder, and, in the case of a partnership, a partner) is, by reason of his business experience, financial standing, or trade connections, not likely to maintain operations in compliance with this chapter; or

(3)the applicant has failed to disclose any material information required, or made any false statement as to any material fact, in connection with his application; or

(4)the premises on which it is proposed to conduct the business are not adequate to protect the revenue.

(d)With respect to any change relating to the information contained in the application for a permit issued under this section, the Secretary may by regulations require the filing of written notice of such change and, where the change affects the terms of the permit, require the filing of an amended application.

(e)If, after notice and hearing, the Secretary finds that any person holding a permit issued under this section—

(1)has not in good faith complied with the provisions of this chapter or regulations issued thereunder; or

(2)has violated the conditions of such permit; or

(3)has made any false statement as to any material fact in his application therefor; or

(4)has failed to disclose any material information required to be furnished; or

(5)has violated or conspired to violate any law of the United States relating to intoxicating liquor, or has been convicted of any offense under this title punishable as a felony or of any conspiracy to commit such offense; or

(6)is, in the case of any person who has a permit under subsection (a)(1) or (a)(2), by reason of his operations, no longer warranted in procuring or using the distilled spirits or specially denatured distilled spirits authorized by his permit; or

(7)has, in the case of any person who has a permit under subsection (a)(2), manufactured articles which do not correspond to the descriptions and limitations prescribed by law and regulations; or

(8)has not engaged in any of the operations authorized by the permit for a period of more than 2 years;

(f)Permits issued under this section, unless terminated by the terms of the permit, shall continue in effect until suspended or revoked as provided in this section, or until voluntarily surrendered.

(g)Permits issued under this section, to use distilled spirits free of tax, to deal in, or use specially denatured distilled spirits, or to recover specially or completely denatured distilled spirits, shall be kept posted available for inspection on the premises covered by the permit.

(h)The Secretary shall prescribe all necessary regulations relating to issuance, denial, suspension, or revocation, of permits under this section, and for the disposition of distilled spirits (including specially denatured distilled spirits) procured under permit pursuant to this section which remain unused when such permit is no longer in effect.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5271, act Aug. 16, 1954, ch. 736, 68A Stat. 650, related to “notice of business of rectifier”, prior to the general revision of this chapter by Pub. L. 85–859. See section 5171(a), (c), 5172, and 5178(a)(1)(A), (4)(B)–(D) of this title. Provisions similar to those comprising subsecs. (a) to (f) and (h) of this section were contained in prior section 5304(a)(1) to (4), (b), (c), act Aug. 16, 1954, ch. 736, 68A Stat. 655, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

1976—Subsecs. (a) to (e), (h). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

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.

§5271 Permits