27 U.S.C. § 202

General provisions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 27 CasesGoogle Scholar

(a) to (d) Omitted(e) Expenditures

Appropriations to carry out powers and duties of the Secretary of the Treasury under this chapter shall be available for expenditure, among other purposes, for personal services and rent in the District of Columbia and elsewhere, expenses for travel and subsistence, for law books, books of reference, magazines, periodicals, and newspapers, for contract stenographic reporting services, for subscriptions for library services, for purchase of samples for analysis or use as evidence, and for holding conferences of State and Federal liquor control officials.

(f) Utilization of other governmental agencies

The Secretary of the Treasury may, with the consent of the department or agency affected, utilize the services of any department or other agency of the Government to the extent necessary to carry out his powers and duties under this chapter and authorize officers and employees thereof to act as his agents.

(g) Applicability of other laws

The provisions including penalties, of sections 49 and 50 of title 15, shall be applicable to the jurisdiction, powers, and duties of the Secretary of the Treasury under this chapter, and to any person (whether or not a corporation) subject to the provisions of laws administered by the Secretary of the Treasury under this chapter.

(h) Reports to Secretary

The Secretary of the Treasury is authorized to require, in such manner and form as he shall prescribe, such reports as are necessary to carry out his powers and duties under this chapter.

(Aug. 29, 1935, ch. 814, title I, § 102, formerly § 2, 49 Stat. 977; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 7, 1946, ch. 770, § 1(46), 60 Stat. 870; renumbered title I, § 102, Pub. L. 100–690, title VIII, § 8001(a)(1), (2), Nov. 18, 1988, 102 Stat. 4517.)Editorial NotesCodification

Subsections (a) to (d) provided for the creation of a Federal Alcohol Administration as a division of the Treasury Department. By act June 26, 1936, ch. 830, title V, 49 Stat. 1964, however, those subsections were repealed and a new Administration created as an independent agency. The repealing act was to be effective when the new administrators authorized thereby were appointed. While the officers so authorized were never appointed and the repeal therefore never became effective, subsections (a) to (d) have been omitted in view of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Administration and transferred its functions to the Secretary of the Treasury to be administered through the Bureau of Internal Revenue [now Internal Revenue Service]. See, also, Transfer of Functions note set out under section 201 of this title.

Amendments

1946—Subsec. (i). Act Aug. 7, 1946, struck out subsec. (i) which related to reports to Congress by the Secretary of the Treasury with respect to the administration of the functions charged to the Secretary under this chapter.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1936–2021 · leading case: Shapiro v. United States, 335 U.S. 1 (1948).

Sort: Relevance Newest Treatment

Shapiro v. United States, 335 U.S. 1 (1948). · cites it 2× “Federal Alcohol Administration Act, 1935 [ 27 U.S.C. §§ 202 (c), 204 (d); 26 U.S.C. § 2857 ; 15 U.”

Bellion Spirits, LLC v. United States, 7 F.4th 1201 (D.C. Cir. 2021). “” 27 U.S.C. § 202 (f). And TTB’s regulations expressly authorize TTB to “consult with [FDA], as needed, on the use of a specific health claim on a distilled spirits label.”

United States v. Andrew E. Hill & J.E. Pinkerton, United States of Am. v. Dennis Juren, United States of Am. v. Edward W. Cromey, 694 F.2d 258 (D.C. Cir. 1982). · cites it 2× “§ 5274 (1976) (Excise Tax Technical Changes Act of 1958); 27 U.S.C. § 202 (c) (1976) (Federal Alcohol Administration Act); 29 U.”

Serr v. Sullivan, 270 F. Supp. 544 (E.D. Pa. 1967). · cites it 3× “The petition was based on the Federal Alcohol Administration Act (hereafter called Act), 27 U.S.C.A. § 202 (c) which incorporates the subpoena provisions of the Federal Trade Commission Act, 15 U.”

Banfi Prods. Corp. v. United States, 40 Fed. Cl. 107 (Fed. Cl. 1997). “Wholesalers, as well as importers, may be required to test imported wines pursuant to 27 U.S.C. § 202 (d), which authorizes the Director to require “such reports as are necessary to carry out [his] powers and duties” under the FAA Act.”

Hysler v. United States, 86 F.2d 918 (5th Cir. 1936). “Federal Alcohol Administrative Act of August 29, 1935, § 2 (title 27 U.S.C.A. § 202 ). It was not error to refuse to quash the search warrant and admit the evidence secured thereunder.”

James W. S. Davis, Supervisor in Charge of the Alcohol & Tax Div. in Puerto Rico v. Trigo Bros. Packing Corp., 266 F.2d 174 (1st Cir. 1959). “1232 , 1233-1234, 27 U.S.C.A. § 202a note, the Federal Alcohol Administration and the office of Administrator were abolished and their functions were administered under the direction and supervision of the Secretary of the Treasury through the Bureau of Internal Revenue in the…”

William Jameson & Co. v. Morgenthau, 25 F. Supp. 771 (D.D.C. 1938). “977 , 27 U.S.C.A. § 202 ). The business of manufacturing, importing and selling distilled spirits, wine and malt beverages is to be conducted under a system of permits to be issued by the Administrator.”

Bellion Spirits, LLC v. United States of Am. (D.D.C. 2019). “See 27 U.S.C. §§ 202 (f), 205(e), (f). Treasury has done so, and it issued the relevant decision here interpreting those regulations and their application to the instant petition.”

Hiram Walker Inc. v. Serr, 277 F. Supp. 3 (E.D. Pa. 1967). “27 U.S.C.A. § 202 (c). This Court concluded that the Director did not have any statutory authorization to issue such subpoenas.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.