Page:United States Statutes at Large Volume 53 Part 1.djvu/344

This page needs to be proofread.


CODIFICATION OF INTERNAL REVENUE LAWS (b) TIMn FOR PAYMENT or TE TAX.-T he tax on all distilled spirits hereafter entered for deposit in internal revenue bonded warehouses shall be due and payable before and at the time the same are withdrawn therefrom and within eight years from the date of the original entry for deposit therein; and warehousing bonds here- after taken under the provisions of the internal revenue laws shall be conditioned for the payment of the tax on the spirits as specified in the entry before withdrawal from the internal revenue bonded warehouse, and within eight years from the date of said entry. (c) BoNDiREQUIRD. - The Commissioner shall prescribe the form and penal sums of bonds covering distilled spirits in internal revenue bonded warehouses and in transit to and between such warehouses: Provided,That the penal sums of such bonds covering distilled spirits shall not exceed in the aggregate $200,000 for each such warehouse. (d) RENEWAL OF BoND.- A new bond shall be required in case of the death, insolvency, or removal of the surety or sureties, and may be required in any other contingency affecting its validity or impair- ing its efficiency, at the discretion of the Commissioner. And in case the warehouseman fails or refuses to give the bond required, or to renew the same, or neglects to immediately withdraw the spirits and pay the tax thereon, or if he neglects to withdraw any bonded spirits and pay the tax thereon before the expiration of the time limited in the bond, the collector shall proceed to collect the tax by distraint, issuing his warrant of distraint for the amount of tax found to be due, as ascertained by him from the report of the storekeeper-gauger if no bond was given, or from the terms of the bond if a bond was given. But this provision shall not exclude any other remedy or proceeding provided by law. (e) TANSFER or DurTIE. - For transfer of powers and duties of Commissioner and his agents. see section 3170. SEC. 2880. WITHDRAWAL FROM WAREHOUSE AND COLLECTION OF TAX ON SPIRITS SUBJECT TO EXCESSIVE LEAKAGE. (a) PowER OF TnE COMMISSIONER. - I f it shall appear at any time that there has been a loss of distilled spirits from any cask or other package deposited in an internal revenue bonded warehouse, other than the loss provided for in section 2901 (b), which, in the opinion of the Commissioner, is excessive, he may instruct the District Supervisor of the district in which the loss has occurred to require the withdrawal from warehouse of such distilled spirits, and direct the collector to collect the tax accrued upon the original quantity of distilled spirits entered into the warehouse in such cask or package, notwithstanding that the time specified in any bond given for the withdrawal of the spirits entered into warehouse in such cask or package has not expired. If the said tax is not paid on demand, the collector shall report the amount due upon his next monthly list, and it shall be assessed and collected as other taxes are assessed and collected. (b) TRANSFER OF DuTiEs. - For transfer of powers and duties of Commissioner and his agents, see section 3170. SEC. 2881. WITHDRAWAL OF SPIRITS FROM WAREHOUSE ON ORIGINAL GAUGE. (a) REGUATIONS.- -Under such regulations as the Commissioner, with the approval of the Secretary, may prescribe, packages of dis- tilled spirits drawn from receiving cisterns and deposited in internal revenue bonded warehouses may be withdrawn therefrom on the orig- inal gauge where the same have remained in such warehouse for a period not exceeding thirty days from the date of deposit. (b) TRANSmFE OF DuTIEs.- For transfer of powers and duties of Commissioner and his agents, see section 3170. 334