Release of Distillery Before Judgment

IRC §5611

Allows a seized distillery or distilling apparatus to be released to a court-appointed receiver to continue operations before a final judgment is rendered.

Eligibility

Available to distillery owners whose property has been seized for law violations; requires the appointment of a receiver and the posting of a bond for the full appraised value of the property.

Frequently Asked Questions

Who is eligible for the Release of Distillery Before Judgment?

Available to distillery owners whose property has been seized for law violations; requires the appointment of a receiver and the posting of a bond for the full appraised value of the property.

How does the Release of Distillery Before Judgment work?

Allows a seized distillery or distilling apparatus to be released to a court-appointed receiver to continue operations before a final judgment is rendered.

What law authorizes the Release of Distillery Before Judgment?

The Release of Distillery Before Judgment is authorized under IRC §5611 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5611

Source: Internal Revenue Code, Title 26, United States Code

§ 5611. Release of distillery before judgment Any distillery or distilling apparatus seized on any premises qualified under this chapter, for any violation of law, may, in the discretion of the court, be released before final judgment to a receiver appointed by the court to operate such distillery or apparatus. Such receiver shall give bond, which shall be approved in open court, with corporate surety, for the full appraised value of all the property seized, to be ascertained by three competent appraisers designated and appointed by the court. Funds obtained from such operation shall be impounded as the court shall direct pending such final judgment. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1404.) Editorial Notes Prior ProvisionsA prior section 5611, act Aug. 16, 1954, ch. 736, 68A Stat. 685, related to penalty for using false weights and measures, prior to the general revision of this chapter by Pub. L. 85–859. See section 5603 of this title. Provisions similar to those comprising this section were contained in prior section 5624, act Aug. 16, 1954, ch. 736, 68A Stat. 688, prior to the general revision of this chapter by Pub. L. 85–859.

Legal Sources

US Code (Official) — 26 USC §5611 → Cornell Law Institute — 26 USC §5611 → Search IRS.gov for IRC §5611 → Treasury Regulations (26 CFR) →

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