26 U.S.C. § 5686
Penalty for having, possessing, or using liquor or property intended to be used in violating provisions of this chapter
It shall be unlawful to have or possess any liquor or property intended for use in violating any provision of this chapter or regulations issued pursuant thereto, or which has been so used, and every person so having or possessing or using such liquor or property, shall be fined not more than $5,000, or imprisoned not more than 1 year, or both.
For seizure and forfeiture of liquor and property had, possessed, or used in violation of subsection (a), see section 7302.
A prior section 5686, act Aug. 16, 1954, ch. 736, 68A Stat. 700, consisted in subsecs. (b) and (c) of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.
Prior section 5686(a) related to offenses as to operation of industrial alcohol or denaturing plants or unlawful withdrawal of taxable alcohol. See section 5687 of this title.
Notes of Decisions
Cited in 52
cases, 1958–1988 · leading case: United States v. Woodrow Allen Denton, 336 F.2d 785 (6th Cir. 1964).
United States v. Woodrow Allen Denton, 336 F.2d 785 (6th Cir. 1964). “Code of 1954 (Title 26 U.S.C. § 5686 (a)). 1 This statute prohibits the possession of property intended to be used in violating Federal statutes requiring licenses and taxes for the manufacture and sale of liquor.”
United States v. Elmer Samuel Chapman, United States of Am. v. James Terrell Knight, 413 F.2d 440 (5th Cir. 1969). “AINSWORTH, Circuit Judge: Appellants were convicted by a jury of aiding and abetting each other in possessing certain property (6,480 pounds of sugar and a Dodge truck), knowing it was intended to be used in the nontaxpaid distilled spirits business, a misdemeanor under 26…”
Delaware Accessories Trade Ass'n v. Gebelein, 497 F. Supp. 289 (D. Del. 1980). “Those comments point out in no uncertain terms that the relevant intent is that of the “people subjected to prosecution”. It explains, for example: To insure that innocently possessed objects are not classified as drug paraphernalia, Article I [16 Del.”
United States v. Talmage Alonzo Agy, 374 F.2d 94 (6th Cir. 1967). “§§ 5205 (a) (2), 5604(a) (1); (2) possession of an International truck intended for use in transporting distilled spirits in non-tax-stamped containers, in violation of 26 U.S.C. § 5686 (a); (3) possession of unspecified property, identified at trial as jugs and cartons,…”
United States v. Carol Lee Ragland & Arthur Elwood Williams, 306 F.2d 732 (4th Cir. 1962). “§ 371; 26 U.S.C.A. § 5686 (a)), and of the substantive offense of unlawful possession of sugar intended for use in violating the internal revenue laws of the United States ( 26 U.”
United States v. Alvin B. Sawyer, 294 F.2d 24 (4th Cir. 1961). “Sawyer and codefendants, William Edward Griffin and Willie Swain, were indicted for unlawfully possessing, in violation of 26 U.S.C. § 5686 (a), property “intended for use in violating the provisions of chapter 51 of Title 26, United States Code, or regulations issued pursuant _…”
United States v. James Giuliano, 263 F.2d 582 (3rd Cir. 1959). “§ 5216 (a) (1); and 26 U.S.C. § 5686 (b). 3 . “Whoever commits an offense against the United States or aids, abets, coun-seis, commands, induces or procures its commission, is punishable as a principal.”
United States v. Robert Barnett, 418 F.2d 309 (6th Cir. 1969). “26 U.S.C. § 5686 . Count five charged possession of one-half gallon on nontaxpaid whiskey on July 11, 1968, which was intended for use in violating the Internal Revenue laws.”
United States v. James L. Skinner, 272 F.2d 607 (2d Cir. 1959). “Appellant was convicted of violating 26 U.S.C. § 5686 (b) 1 in that he possessed *608 ten tons of sugar intended for use in the illegal manufacture of alcohol.”
United States v. Howell F. Burch, 294 F.2d 1 (5th Cir. 1961). “The libel alleged that Burch had possessed this large quantity of sugar with the purpose and intent that it be used in the manufacture of illicit whiskey in violation of 26 U.S.C.A. § 5686 (b). Burch filed a claim to the sugar.”
Elmer Samuel Chapman v. United States, 289 F.2d 539 (5th Cir. 1961). “Specifically, the information charged that Chapman and Mercer possessed 9,540 pounds of sugar with the intent to use the same in the nontaxpaid distilled spirits business in violation of 26 U.S.C. §§ 5686 (a), 7302. 1 After a severance, Mercer *541 pleaded guilty and Chapman was…”
Billy Ray Adams v. United States, 375 F.2d 635 (10th Cir. 1967). “The elements necessary to constitute a violation of 26 U.S.C.A. § 5686 (a) are possession and intention.”
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