§5688 — Title 26 Internal Revenue Code | U.S. Code

§5688 Disposition and Release of Seized Property

Title 26 › Subtitle Subtitle E— Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter 51— DISTILLED SPIRITS, WINES, AND BEER › Subchapter J— Penalties, Seizures, and Forfeitures Relating to Liquors › Part IV— PENALTY, SEIZURE, AND FORFEITURE PROVISIONS COMMON TO LIQUORS › § 5688

Last updated Apr 6, 2026|Official source

Summary

When liquor, wine, or beer is forfeited to the government, it goes to the Administrator of General Services, who can give it to government agencies for medical, scientific, or other official uses, donate it to charitable institutions for medicinal purposes, or destroy it. Seized alcohol cannot be disposed of any other way, though the Treasury can still cancel or reduce a forfeiture or settle a case before suit. Liquor sold by court order or to collect unpaid taxes is sold with the tax still owed, and the buyer must pay that tax before taking possession. A court can also refuse to release a boat or vehicle seized in a violation back to its owner while the case is pending, if the government shows good cause.

Title 26, §5688

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)All distilled spirits, wines, and beer forfeited, summarily or by order of court, under any law of the United States, shall be delivered to the Administrator of General Services to be disposed of as hereinafter provided.

(2)The Administrator of General Services shall dispose of all distilled spirits, wines, and beer which have been delivered to him pursuant to paragraph (1)—

(A)by delivery to such Government agencies as, in his opinion, have a need for such distilled spirits, wines, or beer for medicinal, scientific, or mechanical purposes, or for any other official purpose for which appropriated funds may be expended by a Government agency; or

(B)by gifts to such eleemosynary institutions as, in his opinion, have a need for such distilled spirits, wines, or beer for medicinal purposes; or

(C)by destruction.

(3)Except as otherwise provided by law, no distilled spirits, wines, or beer which have been seized under any law of the United States may be disposed of in any manner whatsoever except after forfeiture and as provided in this subsection.

(4)The Administrator of General Services is authorized to make all rules and regulations necessary to carry out the provisions of this subsection.

(5)Nothing in this section shall affect the authority of the Secretary, under the customs or internal revenue laws, to remit or mitigate the forfeiture, or alleged forfeiture, of such distilled spirits, wines, or beer, or the authority of the Secretary, to compromise any civil or criminal case in respect of such distilled spirits, wines, or beer prior to commencement of suit thereon, or the authority of the Secretary to compromise any claim under the customs laws in respect to such distilled spirits, wines, or beer.

(b)Except as provided in section 5243, all distilled spirits sold by order of court, or under process of distraint, shall be sold subject to tax; and the purchaser shall immediately, and before he takes possession of said spirits, pay the tax thereon, pursuant to the applicable provisions of this chapter and in accordance with regulations to be prescribed by the Secretary.

(c)Notwithstanding any provisions of law relating to the return on bond of any vessel or vehicle seized for the violation of any law of the United States, the court having jurisdiction of the subject matter may, in its discretion and upon good cause shown by the United States, refuse to order such return of any such vessel or vehicle to the claimant thereof. As used in this subsection, the word “vessel” includes every description of watercraft used, or capable of being used, as a means of transportation in water or in water and air; and the word “vehicle” includes every animal and description of carriage or other contrivance used, or capable of being used, as a means of transportation on land or through the air.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5688, act Aug. 16, 1954, ch. 736, 68A Stat. 701, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

1976—Subsecs. (a)(5), (b). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.