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LegalText 26 U.S.C. § 5122 Recordkeeping by retail dealers us united_states_code code_section 26 INTERNAL REVENUE CODE 51 DISTILLED SPIRITS, WINES, AND BEER 5122 26 U.S.C. § 5122 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s5122 data/legal/raw/us/code/title-26/usc26.xml 01d839bd4d404af7c8fa34f5dc36bddc3a53a8233a28ea7c7a384964f4900958 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 de3e4d9019349c699343dbf492e0ce3ff4a8f289f77f63006c58ffdc5573e5d5 2026-07-04 official
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26 U.S.C. § 5122 - Recordkeeping by retail dealers

Text

(a) Receipts Every retail dealer in liquors and every retail dealer in beer shall provide and keep in his place of business a record in book form of all distilled spirits, wines, and beer received, showing the quantity thereof and from whom and the dates received, or shall keep all invoices of, and bills for, all distilled spirits, wines, and beer received.

(b) Dispositions When he deems it necessary for law enforcement purposes or the protection of the revenue, the Secretary may by regulations require retail dealers in liquors and retail dealers in beer to keep records of the disposition of distilled spirits, wines, or beer, in such form or manner and of such quantities as the Secretary may prescribe.

(c) Retail dealers For purposes of this section—

(1) Retail dealer in liquors The term “retail dealer in liquors” means any dealer (other than a retail dealer in beer or a limited retail dealer) who sells, or offers for sale, distilled spirits, wines, or beer, to any person other than a dealer.

(2) Retail dealer in beer The term “retail dealer in beer” means any dealer (other than a limited retail dealer) who sells, or offers for sale, beer, but not distilled spirits or wines, to any person other than a dealer.

(3) Limited retail dealer The term “limited retail dealer” means any fraternal, civic, church, labor, charitable, benevolent, or ex-servicemens organization making sales of distilled spirits, wine or beer on the occasion of any kind of entertainment, dance, picnic, bazaar, or festival held by it, or any person making sales of distilled spirits, wine or beer to the members, guests, or patrons of bona fide fairs, reunions, picnics, carnivals, or other similar outings, if such organization or person is not otherwise engaged in business as a dealer.

(4) Dealer The term “dealer” has the meaning given such term by section 5121(c)(3).

(d) Cross references For provisions relating to the preservation and inspection of records, and entry of premises for inspection, see section 5123.

(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, § 5124; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; renumbered § 5122 and amended Pub. L. 10959, title XI, § 11125(b)(6), Aug. 10, 2005, 119 Stat. 1955.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5122, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1344; amended Pub. L. 94455, title XIX, § 1905(a)(10), Oct. 4, 1976, 90 Stat. 1819, defined “retail dealer in liquors”, “retail dealer in beer”, and “limited retail dealer”, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5122, act Aug. 16, 1954, ch. 736, 68A Stat. 621, related to definition of retail dealers in liquors and beer, prior to the general revision of this chapter by Pub. L. 85859.

Amendments2005—Pub. L. 10959, § 11125(b)(6)(A), (B)(i), renumbered section 5124 of this title as this section, transferred section to this subpart so as to appear after section 5121, and substituted “Recordkeeping by retail dealers” for “Records” in section catchline. Subsec. (c). Pub. L. 10959, § 11125(b)(6)(B)(iii), added subsec. (c). Former subsec. (c) redesignated (d). Pub. L. 10959, § 11125(b)(6)(B)(ii), substituted “section 5123” for “section 5146”. Subsec. (d). Pub. L. 10959, § 11125(b)(6)(B)(iii), redesignated subsec. (c) as (d). 1976—Subsec. (b). Pub. L. 94455 struck out “or his delegate” after “Secretary” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.