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USC Title 26 enacted through 2008

§ 5601. Criminal penalties

 
(a)
Offenses
 
Any person who -
 
(1)
Unregistered stills
 
has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179(a); or
 
(2)
Failure to file application
 
engages in the business of a distiller or processor without having filed application for and received notice of registration, as required by section 5171(c); or
 
(3)
False or fraudulent application
 
engages, or intends to engage, in the business of distiller, warehouseman, or processor of distilled spirits, and files a false or fraudulent application under section 5171; or
 
(4)
Failure or refusal of distiller, warehouseman, or processor to give bond
 
carries on the business of a distiller, warehouseman, or processor without having given bond as required by law; or
 
(5)
False, forged, or fraudulent bond
 
engages, or intends to engage, in the business of distiller, warehouseman, or processor of distilled spirits, and gives any false, forged, or fraudulent bond, under subchapter B; or
 
(6)
Distilling on prohibited premises
 
uses, or possesses with intent to use, any still, boiler, or other utensil for the purpose of producing distilled spirits, or aids or assists therein, or causes or procures the same to be done, in any dwelling house, or in any shed, yard, or inclosure connected with such dwelling house (except as authorized under section 5178(a)(1)(C)), or on board any vessel or boat, or on any premises where beer or wine is made or produced, or where liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under section 5178(b)); or
 
(7)
Unlawful production, removal, or use of material fit for production of distilled spirits
 
except as otherwise provided in this chapter, makes or ferments mash, wort, or wash, fit for distillation or for the production of distilled spirits, in any building or on any premises other than the designated premises of a distilled spirits plant lawfully qualified to produce distilled spirits, or removes, without authorization by the Secretary, any mash, wort, or wash, so made or fermented, from the designated premises of such lawfully qualified plant before being distilled; or
 
(8)
Unlawful production of distilled spirits
 
not being a distiller authorized by law to produce distilled spirits, produces distilled spirits by distillation or any other process from any mash, wort, wash, or other material; or
 
(9)
Unauthorized use of distilled spirits in manufacturing processes
 
except as otherwise provided in this chapter, uses distilled spirits in any process of manufacture unless such spirits -
 
(A)
have been produced in the United States by a distiller authorized by law to produce distilled spirits and withdrawn in compliance with law; or
 
(B)
have been imported (or otherwise brought into the United States) and withdrawn in compliance with law; or
 
(10)
Unlawful processing
 
engages in or carries on the business of a processor -
 
(A)
with intent to defraud the United States of any tax on the distilled spirits processed by him; or
 
(B)
with intent to aid, abet, or assist any person or persons in defrauding the United States of the tax on any distilled spirits; or
 
(11)
Unlawful purchase, receipt, or processing of distilled spirits
 
purchases, receives, or processes any distilled spirits, knowing or having reasonable grounds to believe that any tax due on such spirits has not been paid or determined as required by law; or
 
(12)
Unlawful removal or concealment of distilled spirits
 
removes, other than as authorized by law, any distilled spirits on which the tax has not been paid or determined, from the place of manufacture or storage, or from any instrument of transportation, or conceals spirits so removed; or
 
(13)
Creation of fictitious proof
 
adds, or causes to be added, any ingredient or substance (other than ingredients or substances authorized by law to be added) to any distilled spirits before the tax is paid thereon, or determined as provided by law, for the purpose of creating fictitious proof; or
 
(14)
Distilling after notice of suspension
 
after the time fixed in the notice given under section 5221(a) to suspend operations as a distiller, carries on the business of a distiller on the premises covered by the notice of suspension, or has mash, wort, or beer on such premises, or on any premises connected therewith, or has in his possession or under his control any mash, wort, or beer, with intent to distill the same on such premises; or
 
(15)
Unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use
 
Withdraws,[FN 1] uses, sells, or otherwise disposes of distilled spirits produced under section 5181 for other than fuel use;
 
So in original. Probably should not be capitalized.
 
shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense.
 
(b)
Presumptions
 
Whenever on trial for violation of subsection (a)(4) the defendant is shown to have been at the site or place where, and at the time when, the business of a distiller or processor was so engaged in or carried on, such presence of the defendant shall be deemed sufficient evidence to authorize conviction, unless the defendant explains such presence to the satisfaction of the jury (or of the court when tried without jury).








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


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