Donating Wine for Political Fundraiser

[grapeman]

I am a little undecided how to proceed with a situation. My Mother-In-Law has aked me to donate 5 bottles of wine for their yearly party political fundraiser dinner. They hold raffles for donated items by selling tickets for a drawing. One of the items is a booze bucket and always brings a lot of participation, but that is all commercial product.What is the policy on donating wine for a fundraiser? I would be giving it away, but somebody is making money off from it. Does this make it a taxable product? I don't want to get anyone, including myself in trouble over this.
One of the items is a booze bucket and always brings a lot of participation, but that is all commercial product.


Any thought would be appreciated.

 

[masta]

I would say if you are donatingthe wine and don't receive money from it you are not breaking any law. What the folks who hold the raffle do with it is their business and not sure if selling tickets for a raffle and giving away this as a prize violates the law.


For anyone to get in trouble for this someone would have to bring this forward as an issue and get the authorities interested enough to care and then determine it is enough of an crime worth prosecuting.

 

[lockdude]

Theres no law against giving away your wine.What they do with it is on them,and besides,they break laws all the time!
lockdude

 

[NorthernWinos]

We went to a benefit fundraiser dinner last night for a neighbor kid who was hurt in an accident. There was also a 'Silent Auction" of many donated items from businesses and individuals. There must have been 12 bottles of homemade wine that someone donated....there was no name on the bottles, just what variety the wine was.l checked them all out...they were nice and clear, most were fruit wines...some bottles said grape wine. They were getting good bids on them started at $3 and some were up to $18 and we left well before the auction was over. There was also many jars of Salsa and jellies.


So, it is not uncommon to donate what you have or make in the case of individuals donating items.

 

[MLawrence]

The statute that provides the exemption for home winemaking is 26 United States Code, Section 5042. The language used in the statute exempts from the excise tax "wine for personal or family use and not for sale." If you read that literally, you could make the argument that any wine not consumed by you or your household is taxable, but I couldn't find any cases where the issue has ever come up. I'd say this is a bit of a grey area, but probably not very likely to come onto the IRS's radar.


Personally, I'd be more concerned that the buyer at auction would claim he had an allergic reaction to it and sue you for not labeling it properly. I know it sounds crazy, but that's the kind of world we live in. I got sued once over a parking lot bump that didn't even leave a mark on either car.

 

[grapeman]

Thanks for the responses everyone. I wouldn't be so concerned about it, but my Mother-In-Law has stirred up plenty of controversy in the past as chairperson and various posts. This year there are several bitter battles going on and lots of name calling. I have always tried to remain neutral. I am afraid if they found out it was me donating the wine(being married to her daughter) somebody would make a fuss out of it. I think I will make generic labels for it and add a sulfite warning, if I decide to donate it. It would probably be easier to make a monetary donation, but then I would be seen supporting one party over the other....... Edited by: appleman

 

[jobe05]

Appleman, I would say the above information is probably true, However it is worth what you paid for it, and can no one above making these claims can defend you in the court of law. However I couldn't imagine as suggested above that anyone would complain, or "if" a violation of some sort is found, that it would be substantial enough to garner the ATF's attention. If it does, we need to seriously look at our priorities.

I do agree with MLawrance, this has alway been my fear. I once gave a bottle of wine who inturn gave it to a friend of theirs for whom I didn't know, but was concerned that I would be liable or responsible in some way if they got sick from the wine or anything else and blamed it on the wine, so I am a bit cautious there too.

 

[Waldo]

Hmmmmmmmm wonder if I could sue jobe for getting me addicted to his Blackberry Port and get a judgement that would require him to supply it to me regularly

 

[jobe05]

Hmmmmmmmm wonder if I could sue jobe for getting me addicted to his Blackberry Port and get a judgement that would require him to supply it to me regularly

Ya need a judgement for that???????????

Whats the judge gonna say, "Jobe, continue on!" Judgement recorded.

Now the counter claim............ How much Muscadine do you have???????

 

[PolishWineP]

I personally would never donate wine to a political fundraiser. What a great opportunity for someone to play dirty pool and cause a problem for you. I'd buy a bottle and donate that, but I wouldn't run the chance of destroying my legal right to make wine just because I donated a bottle of MY wine for a fundraiser for a campaign.

I would donate to a worthy cause, but not something political. But that is just me.

 

[grapeman]

Well PWP, that is my thoughts exactly! The M-I-L was up today visiting Cindy when we got back from her kidney stone surgery today-outpatient deal. We voiced our concern of just that and she understands. She just really enjoys our wine and wanted to share with others. But I could see the writing on the wall. Some busybody politician would try to stir up trouble. I intend to keep things legitimate and if the day ever comes when I have my own Farm Winery, I would make a donation to EACH party and pay the appropriate taxes on it. Then the winners could enjoy their prize and I can rest easy knowing the Revenuers wouldn't be after me.

 

[JWMINNESOTA]

Appleman, if you really want to donate to a good cause, send em all my way, I'm having the every four year JW None Of The Above rally.

I guarantee no repercussions to the donor!

 

[pkcook]

Appleman,


I'm a political junkie, but I draw the line at giving my homemade wine for the benefit of a bunch of politicians!

Maybe a huge bottle of Pepto would be more appropriate for the occasion.

Just kidding

 

[Harry]

Hi There


I will donate some EXLAX. Most of the politicains are full of it anyway

 

[PolishWineP]

Appleman, I feel better knowing that you will keep your wines out of the political arena and that you m-i-l understands! That's a bonus!

And just remind her, the more you give out the less there is for her to drink!