Page:United States Statutes at Large Volume 68A.djvu/910

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INTERNAL REVENUE CODE OF 1954

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SEC. 7324. SPECIAL DISPOSITION OF PERISHABLE GOODS. When any property which is seized under the provisions of section 7301 is liable to perish or become greatly reduced in price or value by keeping, or when it cannot be kept without great expense— (1) APPLICATION FOR EXAMINATION.—The owner thereof, or the United States marshal of the district, may apply to the Secretary or his delegate to examine i t; and (2) APPRAISAL.—If, in the opinion of the Secretary or his delegate, it shall be necessary that such property should be sold to prevent such waste or expense, the Secretary or his delegate shall appraise the same; and thereupon (3) R E T U R N TO OWNER UNDER BOND.—The owner shall have such property returned to him upon giving bond in an amount equal to such appraised value to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said appraised value to the Secretary or his delegate, the United States marshal, or otherwise, as may be ordered and directed by the court, which bond shall be filed by the Secretary or his delegate with the United States district attorney for the district in which the proceedings in rem authorized in section 7323 may be commenced. (4) SALE I N ABSENCE O F BOND.— (A) ORDER TO SELL.—If such owner

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shall neglect or refuse to give such bond, the Secretary or his delegate shall issue to any Treasury officer or employee or to the United States marshal an order to sell the same. (B) M A N N E R O F SALE.—Such Treasury officer or employee or

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the marshal shall as soon as practicable make public sale of such property in accordance with such regulations as may be prescribed by the Secretary or his delegate. (C) DISPOSITION OF PROCEEDS.—The proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court to abide its final order, decree, or judgment. (5) FORM OF BOND AND SURETIES.—

For provisions relating to form and sureties on bonds, see section 7101. f SEC. 7325. PERSONAL PROPERTY VALUED AT $1,000 OR LESS. In all cases of seizure of any goods, wares, or merchandise as being subject to forfeiture under any provision of this title which, in the opinion of the Secretary or his delegate, are of the appraised value of $1,000 or less, the Secretary or his delegate shall, except in cases otherwise provided, proceed as follows: (1) L I S T AND APPRAISEMENT.—The Secretary or his delegate shall

cause a list containing a particular description of the goods, wares, or merchandise seized to be prepared in duplicate, and an appraisement thereof to be made by three sworn appraisers, to be selected by the Secretary or his delegate who shall be respectable and disinterested citizens of the United States residing within the internal revenue district wherein the seizure was made. Such list and appraisement shall be properly attested by the Secretary or his delegate and such appraisers. Each appraiser shall be allowed for his services such compensation as the Secretary or his delegate shall Q by regulations prescribe, to be paid in the manner similar to that §7324 I

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