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26 U.S.C. § 6715A — Tampering with or failing to maintain security requirements for mechanical dye injection systems

submitted 22 years ago by Pub. L. 108-357 to r/title-26-INTERNAL-REVENUE-CODE · 275 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section penalizes tampering with mechanical dye-injection systems and failures to maintain or correct required security standards. It also makes specified participants and parent corporations jointly and severally liable.

(a) Penalty. (1) Tampering. If a person tampers with a mechanical dye-injection system used to dye fuel indelibly for section 4082, that person must pay a penalty in addition to any tax. (2) Failure to maintain security requirements. If an operator of such a system fails to maintain the system's security standards established by the Secretary, the operator must pay a penalty in addition to any tax. (b) Amount. The penalty is: (1) for each tampering violation under paragraph (1), the greater of (A) $25,000 or (B) $10 for each gallon of fuel involved; and (2) for each matter under paragraph (2), (A) $1,000 for each failure to maintain the security standards, and (B) $1,000 per day for each failure to correct a violation, for each day after the violation was discovered or after the person reasonably should have known about the violation. (c) Joint and several liability. (1) General rule. If a penalty is imposed on a business entity under this section, each officer, employee, or agent of the entity, or other contracting party, who willfully participated in an act that led to the penalty is jointly and severally liable with the entity for the penalty. (2) Affiliated groups. If a business entity described in paragraph (1) is part of an affiliated group, as defined in section 1504(a), the group's parent corporation is jointly and severally liable with the entity for the penalty imposed under this section.

the actual law source: uscode.house.gov ↗public domain
(a) Imposition of penalty
(1) Tampering

If any person tampers with a mechanical dye injection system used to indelibly dye fuel for purposes of section 4082, such person shall pay a penalty in addition to the tax (if any).

(2) Failure to maintain security requirements

If any operator of a mechanical dye injection system used to indelibly dye fuel for purposes of section 4082 fails to maintain the security standards for such system as established by the Secretary, then such operator shall pay a penalty in addition to the tax (if any).

(b) Amount of penalty

The amount of the penalty under subsection (a) shall be—

(1)

for each violation described in paragraph (1), the greater of—

(A)

$25,000, or

(B)

$10 for each gallon of fuel involved, and

(2)

for each—

(A)

failure to maintain security standards described in paragraph (2), $1,000, and

(B)

failure to correct a violation described in paragraph (2), $1,000 per day for each day after which such violation was discovered or such person should have reasonably known of such violation.

(c) Joint and several liability
(1) In general

If a penalty is imposed under this section on any business entity, each officer, employee, or agent of such entity or other contracting party who willfully participated in any act giving rise to such penalty shall be jointly and severally liable with such entity for such penalty.

(2) Affiliated groups

If a business entity described in paragraph (1) is part of an affiliated group (as defined in section 1504(a)), the parent corporation of such entity shall be jointly and severally liable with such entity for the penalty imposed under this section.

Source credit: (Added Pub. L. 108–357, title VIII, § 854(c)(1), Oct. 22, 2004, 118 Stat. 1615.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-357 · 118 Stat. 1615

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-357 on 2004-10-22.

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