[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR70.77]

[Page 992-993]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 70--PROCEDURE AND ADMINISTRATION--Table of Contents
 
     Subpart D--Collection of Excise and Special (Occupational) Tax
 
Sec. 70.77  Collection of jeopardy assessment; stay of sale of seized property pending court decision.

    (a) General rule. In the case of an assessment under 26 U.S.C. 6862, 
and property seized for the collection of such assessment shall not 
(except as provided in paragraph (b) of this section) be sold until the 
latest of the following occurs:
    (1) The period provided in 26 U.S.C. 7429(a)(2) to request the 
appropriate ATF officer to review the action taken expires.
    (2) The period provided in 26 U.S.C. 7429(b)(1) to file an action in 
U.S. District Court expires if a request for redetermination is made to 
the appropriate ATF officer.
    (3) The U.S. District Court judgment in such action becomes final, 
if a civil action is begun in accordance with 26 U.S.C. 7429(b).
    (b) Exceptions. Notwithstanding the provisions of paragraph (a) of 
this section, any property seized may be sold:
    (1) If the taxpayer files with the appropriate ATF officer a written 
consent to the sale, or
    (2) If the appropriate ATF officer determines that the expenses of 
conservation and maintenance of the property will greatly reduce the net 
proceeds from the sale of such property, or

[[Page 993]]

    (3) If the property is of a type to which 26 U.S.C. 6336 (relating 
to sale of perishable goods) is applicable.

(26 U.S.C. 6863)

[T.D. ATF-301, 55 FR 47613, Nov. 14, 1990, as amended by T.D. ATF-353, 
59 FR 2522, Jan. 18, 1994]

                            Notice and Demand