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LegalText 26 U.S.C. § 7324 Special disposition of perishable goods us united_states_code code_section 26 INTERNAL REVENUE CODE 75 CRIMES, OTHER OFFENSES, AND FORFEITURES 7324 26 U.S.C. § 7324 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/s7324 data/legal/raw/us/code/title-26/usc26.xml e97c5444ef09c3c5c6c18d719044f1a430892ea679e32559ce7debb8ecff739c a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 52986b8993248c0c1b650fda9821ad25c8e21faeb7ae74093d86e5ed2d40fa3a 2026-07-04 official
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26 U.S.C. § 7324 - Special disposition of perishable goods

Text

When any property which is seized under the provisions of section 7301 or section 7302 is liable to perish or become greatly reduced in price or value by keeping, or when it cannot be kept without great expense—

(1) Application for examination The owner thereof, or the United States marshal of the district, may apply to the Secretary to examine it; and

(2) Appraisal If, in the opinion of the Secretary, it shall be necessary that such property should be sold to prevent such waste or expense, the Secretary shall appraise the same; and thereupon

(3) Return to owner under bond The owner shall have such property returned to him upon giving bond in an amount equal to such appraised value to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said appraised value to the Secretary, the United States marshal, or otherwise, as may be ordered and directed by the court, which bond shall be filed by the Secretary with the United States attorney for the district in which the proceedings in rem authorized in section 7323 may be commenced.

(4) Sale in absence of bond (A) Order to sell If such owner shall neglect or refuse to give such bond, the Secretary shall issue to any Treasury officer or employee or to the United States marshal an order to sell the same.

(B) Manner of sale Such Treasury officer or employee or the marshal shall as soon as practicable make public sale of such property in accordance with such regulations as may be prescribed by the Secretary.

(C) Disposition of proceeds The proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court to abide its final order, decree, or judgment.

(5) Form of bond and sureties For provisions relating to form and sureties on bonds, see section 7101.

(Aug. 16, 1954, ch. 736, 68A Stat. 870; Pub. L. 85859, title II, § 204(9), Sept. 2, 1958, 72 Stat. 1429; Pub. L. 85866, title I, § 78, Sept. 2, 1958, 72 Stat. 1662; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

Notes

Editorial Notes

Amendments1976—Pars. (1) to (4). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1958—Par. (3). Pub. L. 85866 struck out “district” before “attorney”. Pub. L. 85859 included property seized under section 7302 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1958 AmendmentsAmendment by Pub. L. 85866 effective Aug. 17, 1954, see section 1(c)(2) of Pub. L. 85866, set out as a note under section 165 of this title. Amendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.