Internal Revenue Code (Title 26 U.S.C.)
26 U.S.C. § 5604
Penalties relating to marks, brands, and containers
# (a) In general
Any person who shall— (1) transport, possess, buy, sell, or transfer any distilled spirits unless the immediate container bears the type of closure or other device required by section 5301(d), (2) with intent to defraud the United States, empty a container bearing the closure or other device required by section 5301(d) without breaking such closure or other device, (3) empty, or cause to be emptied, any distilled spirits from an immediate container bearing any mark or brand required by law without effacing and obliterating such mark or brand as required by section 5206(d), (4) place any distilled spirits in any bottle, or reuse any bottle for the purpose of containing distilled spirits, which has once been filled and fitted with a closure or other device under the provisions of this chapter, without removing and destroying such closure or other device, (5) willfully and unlawfully remove, change, or deface any mark, brand, label, or seal affixed to any case of distilled spirits, or to any bottle contained therein, (6) with intent to defraud the United States, purchase, sell, receive with intent to transport, or transport any empty cask or package having thereon any mark or brand required by law to be affixed to any cask or package containing distilled spirits, or (7) change or alter any mark or brand on any cask or package containing distilled spirits, or put into any cask or package spirits of greater strength than is indicated by the inspection mark thereon, or fraudulently use any cask or package having any inspection mark thereon, for the purpose of selling other spirits, or spirits of quantity or quality different from the spirits previously inspected, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both, for each such offense.
# (b) Cross references
For provisions relating to the authority of internal revenue officers to enforce provisions of this section, see sections 5203, 5557, and 7608.
Source: view the official text
Nearby sections (25 sections)
- 5554 · Pilot operations
- 5555 · Records, statements, and returns
- 5556 · Regulations
- 5557 · Officers and agents authorized to investigate, issue search…
- 5558 · Authority of enforcement officers
- 5559 · Determinations
- 5560 · Other provisions applicable
- 5561 · Exemptions to meet the requirements of the national defense
- 5562 · Exemptions from certain requirements in cases of disaster
- 5601 · Criminal penalties
- 5602 · Penalty for tax fraud by distiller
- 5603 · Penalty relating to records, returns, and reports
- 5604 · Penalties relating to marks, brands, and containers
- 5605 · Penalty relating to return of materials used in the manufacture…
- 5606 · Penalty relating to containers of distilled spirits
- 5607 · Penalty and forfeiture for unlawful use, recovery, or…
- 5608 · Penalty and forfeiture for fraudulent claims for export drawback…
- 5609 · Destruction of unregistered stills, distilling apparatus,…
- 5610 · Disposal of forfeited equipment and material for distilling
- 5611 · Release of distillery before judgment
- 5612 · Forfeiture of taxpaid distilled spirits remaining on bonded…
- 5613 · Forfeiture of distilled spirits not closed, marked, or branded…
- 5614 · Burden of proof in cases of seizure of spirits
- 5615 · Property subject to forfeiture
- 5661 · Penalty and forfeiture for violation of laws and regulations…