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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 5614 Burden of proof in cases of seizure of spirits us united_states_code code_section 26 INTERNAL REVENUE CODE 51 DISTILLED SPIRITS, WINES, AND BEER 5614 26 U.S.C. § 5614 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/s5614 data/legal/raw/us/code/title-26/usc26.xml 147f20da821c164f89cb6c59fef4d5912208e9cf1ef459c2f797e4b82c8542a3 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 459e61f180533501a26fe75338057897c3502363165ac9c303dc56bf2f28cc5a 2026-07-04 official
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26 U.S.C. § 5614 - Burden of proof in cases of seizure of spirits

Text

Whenever seizure is made of any distilled spirits found elsewhere than on the premises of a distilled spirits plant, or than in any warehouse authorized by law, or than in the store or place of business of a wholesale liquor dealer, or than in transit from any one of said places; or of any distilled spirits found in any one of the places aforesaid, or in transit therefrom, which have not been received into or sent out therefrom in conformity to law, or in regard to which any of the entries required by law, or regulations issued pursuant thereto, to be made in respect of such spirits, have not been made at the time or in the manner required, or in respect to which any owner or person having possession, control, or charge of said spirits, has omitted to do any act required to be done, or has done or committed any act prohibited in regard to said spirits, the burden of proof shall be upon the claimant of said spirits to show that no fraud has been committed, and that all the requirements of the law in relation to the payment of the tax have been complied with.

(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1405.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5614, act Aug. 16, 1954, ch. 736, 68A Stat. 685, related to penalty and forfeiture for removal of spirits during prohibited hours, prior to the general revision of this chapter by Pub. L. 85859. See sections 5687 and 7301 of this title. Provisions similar to those comprising this section were contained in prior section 5649, act Aug. 16, 1954, ch. 736, 68A Stat. 694, prior to the general revision of this chapter by Pub. L. 85859.