If the requirements of paragraph (2) are met, a civil action in the name of the United States may be commenced at the request of the Secretary to enjoin any section
501(c)(3) organization from further making political expenditures and for such other relief as may be appropriate to ensure that the assets of such organization are preserved for charitable or other purposes specified in section
501(c)(3). Any action under this section shall be brought in the district court of the United States for the district in which such organization has its principal place of business or for any district in which it has made political expenditures. The court may exercise its jurisdiction over such action (as provided in section
7402(a)) separate and apart from any other action brought by the United States against such organization.
(2) Requirements
An action may be brought under subsection (a) only if—
(A)the Internal Revenue Service has notified the organization of its intention to seek an injunction under this section if the making of political expenditures does not immediately cease, and
(B)the Commissioner of Internal Revenue has personally determined that—
(i)such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and
(ii)injunctive relief is appropriate to prevent future political expenditures.
(b) Adjudication and decree
In any action under subsection (a), if the court finds on the basis of clear and convincing evidence that—
(1)such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and
(2)injunctive relief is appropriate to prevent future political expenditures,
the court may enjoin such organization from making political expenditures and may grant such other relief as may be appropriate to ensure that the assets of such organization are preserved for charitable or other purposes specified in section
501(c)(3).
(c) Definitions
For purposes of this section, the terms “section
501(c)(3) organization” and “political expenditures” have the respective meanings given to such terms by section
4955.
If the requirements of paragraph (2) are met, a civil action in the name of the United States may be commenced at the request of the Secretary to enjoin any section
501(c)(3) organization from further making political expenditures and for such other relief as may be appropriate to ensure that the assets of such organization are preserved for charitable or other purposes specified in section
501(c)(3). Any action under this section shall be brought in the district court of the United States for the district in which such organization has its principal place of business or for any district in which it has made political expenditures. The court may exercise its jurisdiction over such action (as provided in section
7402(a)) separate and apart from any other action brought by the United States against such organization.
(2) Requirements
An action may be brought under subsection (a) only if—
(A)the Internal Revenue Service has notified the organization of its intention to seek an injunction under this section if the making of political expenditures does not immediately cease, and
(B)the Commissioner of Internal Revenue has personally determined that—
(i)such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and
(ii)injunctive relief is appropriate to prevent future political expenditures.
(b) Adjudication and decree
In any action under subsection (a), if the court finds on the basis of clear and convincing evidence that—
(1)such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and
(2)injunctive relief is appropriate to prevent future political expenditures,
the court may enjoin such organization from making political expenditures and may grant such other relief as may be appropriate to ensure that the assets of such organization are preserved for charitable or other purposes specified in section
501(c)(3).
(c) Definitions
For purposes of this section, the terms “section
501(c)(3) organization” and “political expenditures” have the respective meanings given to such terms by section
4955.
A prior section
7409 was renumbered section
7410 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
26 USC
Description of Change
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