26 U.S.C. § 6697 — Untitled legal text

Page 3802 TITLE 26—INTERNAL REVENUE CODE [§ 6697 (b) Deficiency procedures not to apply Subchapter B of chapter 63 (relating to defi- ciency procedures for income, estate, gift, and certain excise taxes) shall not apply with re- spect to the assessment or collection of the pen- alties provided by sections 6694, 6695, and 6695A. (c) Procedure for claiming refund Any claim for credit or refund of any penalty paid under section 6694, 6695, or 6695A shall be filed in accordance with regulations prescribed by the Secretary. (d) Periods of limitation (1) Assessment The amount of any penalty under section 6694(a), 6695, or 6695A shall be assessed within 3 years after the return or claim for refund with respect to which the penalty is assessed was filed, and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period. In the case of any penalty under section 6694(b), the penalty may be assessed, or a pro- ceeding in court for the collection of the pen- alty may be begun without assessment, at any time. (2) Claim for refund Except as provided in section 6694(d), any claim for refund of an overpayment of any penalty assessed under section 6694, 6695, or 6695A shall be filed within 3 years from the time the penalty was paid. (e) Definitions For purposes of sections 6694, 6695, and 6695A— (1) Return The term ‘‘return’’ means any return of any tax imposed by this title, any administrative adjustment request under section 6227, and any partnership adjustment tracking report under section 6226(b)(4)(A). (2) Claim for refund The term ‘‘claim for refund’’ means a claim for refund of, or credit against, any tax im- posed by this title. (Added Pub. L. 94–455, title XII, § 1203(f), Oct. 4, 1976, 90 Stat. 1693; amended Pub. L. 109–280, title XII, § 1219(b)(2), Aug. 17, 2006, 120 Stat. 1084; Pub. L. 110–28, title VIII, § 8246(a)(2)(H), May 25, 2007, 121 Stat. 202; Pub. L. 110–172, § 3(e)(2), Dec. 29, 2007, 121 Stat. 2474; Pub. L. 115–141, div. U, title II, § 206(n)(3), title IV, § 401(a)(311), (312), Mar. 23, 2018, 132 Stat. 1182, 1199.) Editorial Notes CODIFICATION Section 1219(b)(2) of Pub. L. 109–280, which directed the amendment of section 6696 without specifying the act to be amended, was executed to this section, which is section 6696 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment note below. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 401(a)(311), sub- stituted ‘‘sections 6694,’’ for ‘‘section 6694,’’. Subsec. (d)(1). Pub. L. 115–141, § 401(a)(312), substituted ‘‘6695,’’ for ‘‘section 6695,’’. Subsec. (e)(1). Pub. L. 115–141, § 206(n)(3), inserted ‘‘, any administrative adjustment request under sec- tion 6227, and any partnership adjustment tracking re- port under section 6226(b)(4)(A)’’ before period at end. 2007—Subsec. (d)(1). Pub. L. 110–172 substituted ‘‘, section 6695, or 6695A’’ for ‘‘or under section 6695’’. Subsec. (e). Pub. L. 110–28 substituted ‘‘this title’’ for ‘‘subtitle A’’ in pars. (1) and (2). 2006—Pub. L. 109–280 substituted ‘‘6694, 6695, and 6695A’’ for ‘‘6694 and 6695’’ wherever appearing in sec- tion catchline and text and ‘‘6694, 6695, or 6695A’’ for ‘‘6694 or 6695’’ wherever appearing in text. See Codifica- tion note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 206(n)(3) of Pub. L. 115–141 ef- fective as if included in section 1101 of Pub. L. 114–74, see section 207 of Pub. L. 115–141, set out as a note under section 6031 of this title. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–172 effective as if included in the provisions of the Pension Protection Act of 2006, Pub. L. 109–280, to which such amendment relates, see section 3(j) of Pub. L. 110–172, set out as a note under section 170 of this title. Amendment by Pub. L. 110–28 applicable to returns prepared after May 25, 2007, see section 8246(c) of Pub. L. 110–28, set out as a note under section 6060 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable to apprais- als prepared with respect to returns or submissions filed after Aug. 17, 2006, with special rule for certain easements, see section 1219(e)(2), (3) of Pub. L. 109–280, set out as a note under section 170 of this title. [§ 6697. Repealed. Pub. L. 111–325, title V, § 501(a), Dec. 22, 2010, 124 Stat. 3554] Section, added Pub. L. 94–455, title XVI, § 1601(b)(1), Oct. 4, 1976, 90 Stat. 1745; amended Pub. L. 95–600, title III, § 362(b), Nov. 6, 1978, 92 Stat. 2851; Pub. L. 99–514, title VI, § 667(a), Oct. 22, 1986, 100 Stat. 2305, related to assessable penalties with respect to liability for tax of regulated investment companies. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to taxable years beginning after Dec. 22, 2010, see section 501(c) of Pub. L. 111–325, set out as an Effective Date of 2010 Amendment note under sec- tion 860 of this title. § 6698. Failure to file partnership return (a) General rule In addition to the penalty imposed by section 7203 (relating to willful failure to file return, supply information, or pay tax), if any partner- ship required to file a return under section 6031, or a partnership adjustment tracking report under section 6226(b)(4)(A), for any taxable year— (1) fails to file such return, or such report, at the time prescribed therefor (determined with regard to any extension of time for filing), or (2) files a return or a report which fails to show the information required under section 6031 or 6226(b)(4)(A), respectively, such partnership shall be liable for a penalty de- termined under subsection (b) for each month