Internal Revenue Code:Sec. 5207. Records and reports

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
       CHAPTER 51 - DISTILLED SPIRITS, WINES, AND BEER
        Subchapter C - Operation of Distilled Spirits Plants
         PART I - GENERAL PROVISIONS
       

Statute

    Sec. 5207. Records and reports
 
    (a) Records of distilled spirits plant proprietors
      Every distilled spirits plant proprietor shall keep records in
    such form and manner as the Secretary shall by regulations
    prescribe of:
        (1) The following production activities -
          (A) the receipt of materials intended for use in the
        production of distilled spirits, and the use thereof,
          (B) the receipt and use of distilled spirits received for
        redistillation, and
          (C) the kind and quantity of distilled spirits produced.
        (2) The following storage activities -
          (A) the kind and quantity of distilled spirits, wines, and
        alcoholic ingredients entered into storage,
          (B) the kind and quantity of distilled spirits, wines, and
        alcoholic ingredients removed, and the purpose for which
        removed, and
          (C) the kind and quantity of distilled spirits returned to
        storage.
        (3) The following denaturation activities -
          (A) the kind and quantity of denaturants received and used or
        otherwise disposed of,
          (B) the kind and quantity of distilled spirits denatured, and
          (C) the kind and quantity of denatured distilled spirits
        removed.
        (4) The following processing activities -
          (A) all distilled spirits, wines, and alcoholic ingredients
        received or transferred,
          (B) the kind and quantity of distilled spirits packaged or
        bottled, and
          (C) the kind and quantity of distilled spirits removed from
        his premises.
        (5) Such additional information with respect to activities
      described in paragraphs (1), (2), (3), and (4), and with respect
      to other activities, as may by regulations be required.
    (b) Reports
      Every person required to keep records under subsection (a) shall
    render such reports covering his operations, at such times and in
    such form and manner and containing such information, as the
    Secretary shall by regulations prescribe.
    (c) Preservation and inspection
      The records required by subsection (a) and a copy of each report
    required by subsection (b) shall be available for inspection by any
    internal revenue officer during business hours, and shall be
    preserved by the person required to keep such records and reports
    for such period as the Secretary shall by regulations prescribe.
    (d) Penalty
          For penalty and forfeiture for refusal or neglect to keep
        records required under this section, or for false entries
        therein, see sections 5603 and 5615(5).
 

Sources

    (Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat.
    1361; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
    4, 1976, 90 Stat. 1834; Pub. L. 95-176, Sec. 2(e), Nov. 14, 1977,
    91 Stat. 1364; Pub. L. 96-39, title VIII, Sec. 807(a)(25), July 26,
    1979, 93 Stat. 283; Pub. L. 98-369, div.  A, title IV, Sec.
    454(c)(6), July 18, 1984, 98 Stat. 821; Pub. L. 105-34, title XIV,
    Sec. 1413(a), Aug. 5, 1997, 111 Stat. 1046.)
 

Miscellaneous

                              PRIOR PROVISIONS
      Provisions similar to those comprising this section were
    contained in prior sections of act Aug. 16, 1954, prior to the
    general revision of this chapter by Pub. L. 85-859, as follows:
 
    ---------------------------------------------------------------------
    Present subsecs.:                  Prior sections:
    ---------------------------------------------------------------------
    (a)                                5197(a)(1)(A), (a)(2), 5305,
                                        5331(a)(3).
    (b)                                5285, 5555(a).
    (c)                                5197(b), 5285, 5305, 5331(a)(3),
                                        5555(a).
    (d)                                5197(a)(1)(B), 5285, 5305,
                                        5331(a)(3), 5555(a).
    (e)                                5197(c)(2), 5285.
                     -------------------------------
      The prior sections, act Aug. 16, 1954, ch. 736, are set out in
    68A Stat. 637, 638, 652, 657, 662, 681.
                                 AMENDMENTS
      1997 - Subsec. (c). Pub. L. 105-34 struck out ''shall be kept on
    the premises where the operations covered by the record are carried
    on and'' after ''required by subsection (b)''.
      1984 - Subsec. (a)(4)(D). Pub. L. 98-369, Sec. 454(c)(6), struck
    out subpar. (D) which required every distilled spirits plant
    proprietor to keep records in such form and manner as prescribed by
    the Secretary of the receipt, use, and balance on hand of all
    stamps required by law or regulations to be used by the proprietor.
      1979 - Subsec. (a). Pub. L. 96-39 struck out provisions relating
    to the bottling of distilled spirits in bond and relating to the
    kind and quantity of distilled spirits returned to bonded premises
    and inserted provisions relating to the kind and quantity of
    distilled spirits returned to storage and relating to receipt, use,
    and balance on hand of all stamps required by law or regulations to
    be used by the Secretary.
      Subsec. (b). Pub. L. 96-39 redesignated subsec. (c) as (b) and
    struck out ''or (b)'' after ''subsection (a)''. Former subsec. (b),
    relating to records of rectifiers and bottlers, was struck out.
      Subsec. (c). Pub. L. 96-39 redesignated subsec. (d) as (c),
    struck out ''and (b),'' after ''subsection (a)'', and substituted
    ''subsection (b)'' for ''subsection (c)''. Former subsec. (c)
    redesignated (b).
      Subsecs. (d), (e). Pub. L. 96-39 redesignated subsec. (e) as (d).
    Former subsec. (d) redesignated (c).
      1977 - Subsec. (a)(10), (11). Pub. L. 95-176, Sec. 2(e)(2), (3),
    added par. (10) and redesignated former par. (10) as (11).
      1976 - Subsecs. (a) to (d). Pub. L. 94 - 455 struck out ''or his
    delegate'' after ''Secretary'' wherever appearing.
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Section 1413(b) of Pub. L. 105-34 provided that: ''The amendment
    made by subsection (a) (amending this section) shall take effect on
    the 1st day of the 1st calendar quarter that begins at least 180
    days after the date of the enactment of this Act (Aug. 5, 1997).''
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-369 effective July 1, 1985, see section
    456(b) of Pub. L. 98-369, set out as an Effective Date note under
    section 5101 of this title.
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section
    810 of Pub. L. 96-39, set out as a note under section 5001 of this
    title.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-176 effective on first day of first
    calendar month beginning more than 90 days after Nov. 14, 1977, see
    section 7 of Pub. L. 95-176, set out as a note under section 5003
    of this title.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5114, 5615 of this title.