26 U.S. Code § 6852 - Termination assessments in case of flagrant political expenditures of
prev | next
(a) Authority to make
(1) In general
If the Secretary finds that—
(B) such expenditures constitute a flagrant violation of the prohibition against making political expenditures,
the Secretary shall immediately make a determination of any income tax payable by such organization for the current or immediately preceding taxable year, or both, and shall immediately make a determination of any tax payable under section 4955 by such organization or any manager thereof with respect to political expenditures during the current or preceding taxable year, or both. Notwithstanding any other provision of law, any such tax shall become immediately due and payable. The Secretary shall immediately assess the amount of tax so determined (together with all interest, additional amounts, and additions to the tax provided by law) for the current year or the preceding taxable year, or both, and shall cause notice of such determination and assessment to be given to the organization or any manager thereof, as the case may be, together with a demand for immediate payment of such tax.
(2) Computation of tax
In the case of a current taxable year, the Secretary shall determine the taxes for the period beginning on the 1st day of such current taxable year and ending on the date of the determination under paragraph (1) as though such period were a taxable year of the organization, and shall take into account any prior determination made under this subsection with respect to such current taxable year.
(3) Treatment of amounts collected
Any amounts collected as a result of any assessments under this subsection shall, to the extent thereof, be treated as a payment of income tax for such taxable year, or tax under section 4955 with respect to the expenditure, as the case may be.
(b) Definitions and special rules
(2) Certain rules made applicable
The provisions of sections 6851 (b), 6861 (f), and 6861 (g) shall apply with respect to any assessment made under subsection (a), except that determinations under section 6861 (g) shall be made on the basis of whether the requirements of subsection (a)(1)(B) of this section are met in lieu of whether jeopardy exists.