Internal Revenue Code:Sec. 5114. Records
From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.
From TaxAlmanac
Contents |
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 A - Gallonage and Occupational Taxes
PART II - OCCUPATIONAL TAX
Subpart D - Wholesale Dealers
Statute
Sec. 5114. Records
(a) Requirements
(1) Distilled spirits
Every wholesale dealer in liquors who sells distilled spirits
to other dealers shall keep daily a record of distilled spirits
received and disposed of by him, in such form and at such place
and containing such information, and shall submit correct
summaries of such records to the Secretary at such time and in
such form and manner, as the Secretary shall by regulations
prescribe. Such dealer shall also submit correct extracts from
or copies of such records, at such time and in such form and
manner as the Secretary may by regulations prescribe; however,
the Secretary may on application by such dealer, in accordance
with such regulations, relieve him from this requirement until
further notice, whenever the Secretary deems that the submission
of such extracts or copies serves no useful purpose in law
enforcement or in protection of the revenue.
(2) Wines and beer
Every wholesale dealer in liquors and every wholesale dealer in
beer shall provide and keep, at such place as the Secretary shall
by regulations prescribe, a record in book form of all wines and
beer received, showing the quantities thereof and from whom and
the dates received, or shall keep all invoices of, and bills for,
all wines and beer received.
(b) Exemption of States, political subdivisions, etc.
The provision of subsection (a) shall not apply to a State, to a
political subdivision of a State, to the District of Columbia, or
to liquor stores operated by any of them, if they maintain and make
available for inspection by internal revenue officers such records
as will enable such officers to trace all distilled spirits, wines,
and beer received, and all distilled spirits disposed of by them.
Such States, subdivisions, District, or liquor stores shall, upon
the request of the Secretary, furnish him such transcripts,
summaries and copies of their records with respect to distilled
spirits as he shall require.
(c) Cross references
(1) For provisions requiring proprietors of distilled spirits
plants to keep records and submit reports of receipts and
dispositions of distilled spirits, see section 5207.
(2) For penalty for violation of subsection (a), see section
5603.
(3) For provisions relating to the preservation and
inspection of records, and entry of premises for inspection,
see section 5146.
Sources
(Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat.
1342; amended Pub. L. 94-455, title XIX, Sec. 1905(c)(1),
1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834.)
Miscellaneous
PRIOR PROVISIONS
A prior section 5114, act Aug. 16, 1954, ch. 736, 68A Stat. 619,
consisted of provisions similar to those comprising this section,
prior to the general revision of this chapter by Pub. L. 85-859.
AMENDMENTS
1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out ''or his delegate'' after ''Secretary'' wherever appearing.
Subsec. (b). Pub. L. 94-455, Sec. 1905(c)(1), 1906(b)(13)(A),
struck out ''or Territory'' after ''a State'', ''Territories''
after ''States,'', and ''or his delegate'' after ''Secretary''.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1905(c)(1) of Pub. L. 94-455 effective on
first day of first month which begins more than 90 days after Oct.
4, 1976, see section 1905(d) of Pub. L. 94-455, set out as a note
under section 5005 of this title.
