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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 6852 Termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations us united_states_code code_section 26 INTERNAL REVENUE CODE 70 JEOPARDY, RECEIVERSHIPS, ETC. 6852 26 U.S.C. § 6852 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s6852 data/legal/raw/us/code/title-26/usc26.xml 3b05d7a831fa4336a0bf431695e4afe90479cb33dcc911fe82b54f3a6858f85f a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 20a87bec86950df20aeff1de5d15a86c42d4c1e543aa7327ba59c5a3775aa205 2026-07-04 official
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26 U.S.C. § 6852 - Termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations

Text

(a) Authority to make (1) In general If the Secretary finds that—

(A) a section 501(c)(3) organization has made political expenditures, and

(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.

(4) Section inapplicable to assessments after due date This section shall not authorize any assessment of tax for the preceding taxable year which is made after the due date of the organizations return for such taxable year (determined with regard to any extensions).

(b) Definitions and special rules (1) Definitions For purposes of this section, the terms “section 501(c)(3) organization”, “political expenditure”, and “organization manager” have the respective meanings given to such terms by section 4955.

(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.

(Added Pub. L. 100203, title X, § 10713(b)(1), Dec. 22, 1987, 101 Stat. 1330469.)