
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC5176]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
      Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes
 
             CHAPTER 51--DISTILLED SPIRITS, WINES, AND BEER
 
  Subchapter B--Qualification Requirements for Distilled Spirits Plants
 
Sec. 5176. New or renewed bonds


(a) 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.

(b) 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.

(Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat. 1353; 
amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 
Stat. 1834; Pub. L. 96-39, title VIII, Sec. 807(a)(16), July 26, 1979, 
93 Stat. 282.)


                            Prior Provisions

    A prior section 5176(c), act Aug. 16, 1954, ch. 736, 68A Stat. 629, 
consisted of provisions similar to those comprising subsec. (a) of this 
section, prior to the general revision of this chapter by Pub. L. 85-
859.
    Prior 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 
Pub. L. 85-859. See sections 5173(a), (b), 5174(a)(1) and 5177 of this 
title.
    Provisions similar to those comprising this section were contained 
in prior section 5232(c), act Aug. 16, 1954, ch. 736, 68A Stat. 643, 
prior to the general revision of this chapter by Pub. L. 85-859.


                               Amendments

    1979--Subsec. (a). Pub. L. 96-39, Sec. 807(a)(16)(A), struck out ``, 
5174,'' after ``sections 5173''.
    Subsec. (b). Pub. L. 96-39, Sec. 807(a)(16)(A), 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.
    1976--Pub. L. 94-455 struck out ``or his delegate'' after 
``Secretary'' wherever appearing.


                    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.


               Continuation of Distiller's Notice and Bond

    Authority to waive requirements for filing notice and executing new 
bond on May 1, 1959, if distiller and surety have executed consent to 
continuation of the terms of existing bond to cover operations from May 
1, 1959 to June 30, 1959, see section 210(f) of Pub. L. 85-859, set out 
as a note under section 5175 of this title.
