General
New bonds shall be required under sections 5173 and 5175 in case of insolvency or removal of any surety, and may, at the discretion of the Secretary, be required in any other contingency affecting the validity or impairing the efficiency of such bond.
Bonds
If the proprietor of a distilled spirits plant fails or refuses to furnish a bond required under paragraph (1) of section 5173(a) or to renew the same, and neglects to immediately withdraw the spirits and pay the tax thereon, the Secretary shall proceed to collect the tax.
Pub. L. 85–859, title II, § 20172 Stat. 1353 Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834 Pub. L. 96–39, title VIII, § 807(a)(16)93 Stat. 282 (Added , , ; amended , , ; , , .)
Editorial Notes
Prior Provisions
act Aug. 16, 1954, ch. 736 68A Stat. 629 Pub. L. 85–859A prior section 5176(c), , , consisted of provisions similar to those comprising subsec. (a) of this section, prior to the general revision of this chapter by .
Pub. L. 85–859Prior section 5176(a), (b), (d), (e), related to distiller’s bond: form and approval; additional bond; exemption from survey requirements; and cross references, prior to the general revision of this chapter by . See sections 5173(a), (b), 5174(a)(1) and 5177 of this title.
act Aug. 16, 1954, ch. 736 68A Stat. 643 Pub. L. 85–859Provisions similar to those comprising this section were contained in prior section 5232(c), , , prior to the general revision of this chapter by .
Amendments
Pub. L. 96–39, § 807(a)(16)(A)1979—Subsec. (a). , struck out “, 5174,” after “sections 5173”.
Pub. L. 96–39, § 807(a)(16)(A)Subsec. (b). , substituted reference to paragraph (1) of section 5173(a) for reference to section 5173(c) and struck out provisions relating to failure or refusal of the proprietor of a distilled spirits plant to withdraw any spirits from storage on bonded premises before the expiration of the time limited on the bond and pay the tax thereon.
Pub. L. 94–4551976— struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Pub. L. 96–39section 810 of Pub. L. 96–39section 5001 of this titleAmendment by effective , see , set out as a note under .
Continuation of Distiller’s Notice and Bond
section 210(f) of Pub. L. 85–859section 5175 of this titleAuthority to waive requirements for filing notice and executing new bond on , if distiller and surety have executed consent to continuation of the terms of existing bond to cover operations from to , see , set out as a note under .