Page:United States Statutes at Large Volume 68A.djvu/662

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INTERNAL REVENUE CODE OF 1954

tax as a retail dealer in liquors or as a retail dealer in beer, as the case may be. (2) KETAIL DEALERS ON TRAINS, AIRCRAFT, AND BOATS.—Nothing

contained in this chapter shall prevent the issue, under such regulations as the Secretary or his delegate may prescribe, of special tax stamps to persons carrying on the business of retail dealers in liquors, or retail dealers in beer on trains, aircraft, boats or other vessels, engaged in the business of carrying passengers. (3) DEALERS MAKING SALES ON PURCHASER DEALERS' PREMISES.—

No wholesale or retail dealer in liquors or wholesale or retail dealer in beer who has paid the special tax as such a dealer shall again be required to pay special tax as such dealer on account of sales of beer to wholesale or retail dealers in liquors or wholesale or retail dealers in beer consummated at the purchaser's place of business. (c) SALES BY R E T A I L DEALERS IN LIQUIDATION.—The special tax

of a wholesale dealer in liquors or wholesale dealer in beer shall not apply to a retail dealer in liquors or to a retail dealer in beer, because of such retail dealer selling out his entire stock of liquors in one parcel, or in parcels embracing not less than his entire stock of distilled spirits, of wines, or of beer. (d) CROSS R E F E R E N C E S. — (1) For exemption of winemakers selling wines of their own production from special tax, see section 5113(c). (2) For provisions relating to sales by creditors, fiduciaries, and officers of courts, see section 5113(d)(1). (3) For provisions relating to sales by retiring partners or representatives of deceased partners to incoming or remaining partners, see section 5113(d)(2). (4) For exemption from special tax as wholesale dealer of retail dealers making sales of 5 wine gallons or more for immediate consumption on premises where sold, see section 5111. SEC. 5124. RECORDS.

(a) REQUIREMENT.—Each retail liquor dealer shall provide a t his own expense, and keep in his place of business, a record in book form, or shall keep all invoices of, and bills for, all distilled spirits, wines, and beer received, the quantity thereof, and from whom and the date when received. (b) INSPECTION.—Such records, invoices, and bills shall be open to inspection during the usual business hours of the retailer, by internal revenue oflScers, on identification and request. (c) PRESERVATION.—Such records, invoices, and bills shall be kept for a period of 2 years after the time of the transactions to which they relate. (d)

PENALTY.— For penalty relating to retail dealers' records, see section 5692.

Subpart F—Nonbeverage Domestic Drawback Claimants Sec. Sec. Sec. Sec.

5131. 5132. 5133. 5134.

Eligibility and rate of tax. Registration and regulation. Investigation of claims. Drawback.

SEC. 5131. ELIGIBILITY AND RATE OF TAX. (a) E L I G I B I L I T Y FOR DRAWBACK. — Any person u s i n g distilled spirits, p r o d u c e d in a d o m e s t i c registered distillery o r i n d u s t r i a l § 5123(b)(1)

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