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26 U.S.C. § 6751 — Procedural requirements

submitted 28 years ago by Pub. L. 105-206 to r/title-26-INTERNAL-REVENUE-CODE · 161 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the Secretary to follow specified procedural steps before imposing certain tax penalties. It also states exceptions and rules for written explanations.

(a) Computation of penalty included in notice The Secretary must include with each notice of penalty under this title information for the name of the penalty, the section of this title under which the penalty is imposed, and a computation of the penalty.
(b) Approval of assessment
(1) In general No penalty under this title must be assessed unless the initial determination of such assessment is personally approved (in writing) by the immediate supervisor of the individual making such determination or such higher level official as the Secretary may designate.
(2) Exceptions Paragraph
(1) must not apply to—
(A) any addition to tax under section 6651, 6654, 6655, or 6662 (but only for an addition to tax by reason of paragraph
(9) or
(10) of subsection
(b) of it); or
(B) any other penalty automatically calculated through electronic means.
(c) Penalties For purposes of this section, the term “penalty” includes any addition to tax or any additional amount.

the actual law source: uscode.house.gov ↗public domain
(a) Computation of penalty included in notice

The Secretary shall include with each notice of penalty under this title information with respect to the name of the penalty, the section of this title under which the penalty is imposed, and a computation of the penalty.

(b) Approval of assessment
(1) In general

No penalty under this title shall be assessed unless the initial determination of such assessment is personally approved (in writing) by the immediate supervisor of the individual making such determination or such higher level official as the Secretary may designate.

(2) Exceptions

Paragraph (1) shall not apply to—

(A)

any addition to tax under section 6651, 6654, 6655, or 6662 (but only with respect to an addition to tax by reason of paragraph (9) or (10) of subsection (b) thereof); or

(B)

any other penalty automatically calculated through electronic means.

(c) Penalties

For purposes of this section, the term “penalty” includes any addition to tax or any additional amount.

Source credit: (Added Pub. L. 105–206, title III, § 3306(a), July 22, 1998, 112 Stat. 744; amended Pub. L. 116–260, div. EE, title II, § 212(b)(3), Dec. 27, 2020, 134 Stat. 3067; Pub. L. 117–328, div. T, title VI, § 605(a)(2)(D), Dec. 29, 2022, 136 Stat. 5395.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-206 · 112 Stat. 744
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3067
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5395

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-206 on 1998-07-22.

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