Tax Code Ban on Home Distilling Ruling Appealed by Government

The government says it will appeal a judge’s ruling that language in the Tax Code that bans home distilling is unconstitutional.

The Department of Justice said it will appeal a July decision by Judge Mark T. Pittman of the US District Court for the Northern District of Texas in favor of the Texas-based Hobby Distillers Association. Pittman ruled that a prohibition on operating home distilleries falls outside the federal government’s tax authority under the US Constitution. The case heads to the Fifth Circuit.

• The Hobby Distillers attacked Section 5601(a)(6) and Section 5178, which ban distilleries from operating in homes, ...