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26 U.S.C. § 6720 — Fraudulent acknowledgments with respect to donations of motor vehicles, boats, and airplanes

submitted 22 years ago by Pub. L. 108-357 to r/title-26-INTERNAL-REVENUE-CODE · 166 words · no verdicts yet

in plain englishAI-generated · not legal advice

A “donee organization” that knowingly gives a false or fraudulent acknowledgment, or knowingly fails to give a required acknowledgment, must pay a penalty for each act or failure. The amount is calculated differently for the two types of “qualified vehicle” covered by the section.

A “donee organization” that section 170(f)(12)(A) requires to give a “donor” a “contemporaneous written acknowledgment” must pay a penalty for each knowingly false or fraudulent acknowledgment. It must also pay a penalty for each knowing failure to give the acknowledgment in the required manner, at the required time, and showing the information required under section 170(f)(12) or regulations issued under that section. This section does not define “donee organization,” “donor,” “contemporaneous written acknowledgment,” or “qualified vehicle.” (1) For an acknowledgment about a “qualified vehicle” to which section 170(f)(12)(A)(ii) applies, the penalty is the greater of (A) the highest tax rate specified in section 1 multiplied by the “sales price” stated on the acknowledgment, or (B) the “gross proceeds” from selling the vehicle. (2) For an acknowledgment about any other “qualified vehicle” to which section 170(f)(12) applies, the penalty is the greater of (A) the highest tax rate specified in section 1 multiplied by the vehicle’s “claimed value,” or (B) $5,000. This section does not define “sales price,” “gross proceeds,” or “claimed value.”

the actual law source: uscode.house.gov ↗public domain

Any donee organization required under section 170(f)(12)(A) to furnish a contemporaneous written acknowledgment to a donor which knowingly furnishes a false or fraudulent acknowledgment, or which knowingly fails to furnish such acknowledgment in the manner, at the time, and showing the information required under section 170(f)(12), or regulations prescribed thereunder, shall for each such act, or for each such failure, be subject to a penalty equal to—

(1)

in the case of an acknowledgment with respect to a qualified vehicle to which section 170(f)(12)(A)(ii) applies, the greater of—

(A)

the product of the highest rate of tax specified in section 1 and the sales price stated on the acknowledgment, or

(B)

the gross proceeds from the sale of such vehicle, and

(2)

in the case of an acknowledgment with respect to any other qualified vehicle to which section 170(f)(12) applies, the greater of—

(A)

the product of the highest rate of tax specified in section 1 and the claimed value of the vehicle, or

(B)

$5,000.

Source credit: (Added Pub. L. 108–357, title VIII, § 884(b)(1), Oct. 22, 2004, 118 Stat. 1634.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-357 · 118 Stat. 1634

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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