Internal Revenue Code:Sec. 5117. Prohibited purchases by dealers

From TaxAlmanac

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. 5117. Prohibited purchases by dealers
 
    (a) General
      It shall be unlawful for any dealer to purchase distilled spirits
    for resale from any person other than -
        (1) a wholesale dealer in liquors who has paid the special tax
      as such dealer to cover the place where such purchase is made; or
        (2) a wholesale dealer in liquors who is exempt, at the place
      where such purchase is made, from payment of such tax under any
      provision of this chapter; or
        (3) a person who is not required to pay special tax as a
      wholesale dealer in liquors.
    (b) Limited retail dealers
      A limited retail dealer may lawfully purchase distilled spirits
    for resale from a retail dealer in liquors.
    (c) Penalty and forfeiture
          For penalty and forfeiture provisions applicable to violation
        of subsection (a), see sections 5687 and 7302.
    (d) Special Rule During Suspension Period.--Except as provided in 
    subsection (b) or by the Secretary, during the suspension period
   (as defined in section 5148) it shall be unlawful for any 
    dealer to purchase distilled spirits for resale from any 
    person other than a wholesale dealer in liquors who is required 
    to keep records under section 5114.


 

Sources

    (Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat.
    1343; amended Pub. L. 94-455, title XIX, Sec. 1905(a)(8), Oct. 4,
    1976, 90 Stat. 1819.)
 

Miscellaneous

                                 AMENDMENTS
      2004 - Subsec.246(b),Pub.L.108-357, amended Sec.5117 by adding
    a new subsection (d).
      1976 - Subsecs. (b), (c). Pub. L. 94-455 added subsec. (b) and
    redesignated former subsec. (b) as (c).
                      EFFECTIVE DATE OF 2004 AMENDMENT
    Effective Date.--The amendments made by this section shall take 
    effect on the date of the enactment of this Act.

                      EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by 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.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5113, 5125 of this title.