§ 6710. Failure to disclose that contributions are nondeductible
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(a) |
Imposition of penalty |
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If there is a failure to meet the requirement of section 6113 with respect to a fundraising solicitation by (or on behalf of) an organization to which section 6113 applies, such organization shall pay a penalty of $1,000 for each day on which such a failure occurred. The maximum penalty imposed under this subsection on failures by any organization during any calendar year shall not exceed $10,000. |
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(b) |
Reasonable cause exception |
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No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause. |
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(c) |
$10,000 limitation not to apply where intentional disregard |
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If any failure to which subsection (a) applies is due to intentional disregard of the requirement of section 6113 - |
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(1) |
the penalty under subsection (a) for the day on which such failure occurred shall be the greater of - |
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(B) |
50 percent of the aggregate cost of the solicitations which occurred on such day and with respect to which there was such a failure, |
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(2) |
the $10,000 limitation of subsection (a) shall not apply to any penalty under subsection (a) for the day on which such failure occurred, and |
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(3) |
such penalty shall not be taken into account in applying such limitation to other penalties under subsection (a). |
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(d) |
Day on which failure occurs |
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For purposes of this section, any failure to meet the requirement of section 6113 with respect to a solicitation - |
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(1) |
by television or radio, shall be treated as occurring when the solicitation was telecast or broadcast, |
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(2) |
by mail, shall be treated as occurring when the solicitation was mailed, |
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(3) |
not by mail but in written or printed form, shall be treated as occurring when the solicitation was distributed, or |
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(4) |
by telephone, shall be treated as occurring when the solicitation was made. |
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