[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR403.30]

[Page 776-777]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 403_DISPOSITION OF SEIZED PERSONAL PROPERTY--Table of Contents
 
                   Subpart C_Seizures and Forfeitures
 
Sec. 403.30  Special disposition of perishable goods.

    The proceedings to enforce forfeiture of perishable goods shall, as 
is the case with proceedings to enforce forfeiture of nonperishable 
goods, be in the nature of proceedings in rem in the United States 
District Court for the district wherein such seizure is made. When any 
seized property is liable to perish or become greatly reduced in price 
or value by keeping, or when it cannot be kept without great expense, 
the Commissioner or his delegate shall advise the owner, when known, of 
the seizure thereof. The owner of the seized property may apply to the 
District Director of the internal revenue district

[[Page 777]]

in which the property was seized to examine the property at any time 
prior to referral of the property to the U.S. Marshal for disposition. 
If, in the opinion of the Commissioner or his delegate it is necessary 
that such property be sold to prevent waste or expense, the Commissioner 
or his delegate shall cause the property to be appraised in accordance 
with the procedures set forth in Sec. 403.26(a)(2). The owner shall 
have such property returned to him upon giving a corporate surety bond 
pursuant to Sec. 403.28 in an amount equal to the appraised value of 
the property, to abide the final order, decree, or judgment of the court 
having cognizance of the case. The bond shall be conditioned to pay the 
amount of the appraised value to the Commissioner or his delegate, the 
U.S. Marshal, or otherwise, as may be ordered and directed by the court. 
The bond shall be filed by the Commissioner or his delegate with the 
U.S. Attorney for the district in which the proceedings may be 
commenced. If the owner of such property neglects or refuses to give 
such bond within a reasonable time considering the condition of the 
property, the Commissioner or his delegate shall request the U.S. 
Marshal to proceed to sell the property at public sale as soon as 
practicable and to pay the proceeds of sale, less reasonable costs of 
the seizure and sale, to the court to abide its final order, decree, or 
judgment.

(Sec. 7322, 7323, 7324, 68A Stat. 869, 870, as amended; (26 U.S.C. 7322, 
7323, 7324))