26 U.S.C. § 6112 — Material advisors of reportable trans-

Page 3494 TITLE 26—INTERNAL REVENUE CODE § 6112 ability to act under paragraph (1) of section 6111(b) of such Code (as added by this section) which would (but for this sentence) arise before such date shall be deemed to arise on December 31, 1984.’’ § 6112. Material advisors of reportable trans- actions must keep lists of advisees, etc. (a) In general Each material advisor (as defined in section 6111) with respect to any reportable transaction (as defined in section 6707A(c)) shall (whether or not required to file a return under section 6111 with respect to such transaction) maintain (in such manner as the Secretary may by regula- tions prescribe) a list— (1) identifying each person with respect to whom such advisor acted as a material advisor with respect to such transaction, and (2) containing such other information as the Secretary may by regulations require. (b) Special rules (1) Availability for inspection; retention of in- formation on list Any person who is required to maintain a list under subsection (a) (or was required to maintain a list under subsection (a) as in ef- fect before the enactment of the American Jobs Creation Act of 2004)— (A) shall make such list available to the Secretary for inspection upon written re- quest by the Secretary, and (B) except as otherwise provided under reg- ulations prescribed by the Secretary, shall retain any information which is required to be included on such list for 7 years. (2) Lists which would be required to be main- tained by 2 or more persons The Secretary may prescribe regulations which provide that, in cases in which 2 or more persons are required under subsection (a) to maintain the same list (or portion thereof), only 1 person shall be required to maintain such list (or portion). (Added Pub. L. 98–369, div. A, title I, § 142(a), July 18, 1984, 98 Stat. 681; amended Pub. L. 108–357, title VIII, § 815(b)(2), (3), Oct. 22, 2004, 118 Stat. 1582; Pub. L. 109–135, title IV, § 403(z), Dec. 21, 2005, 119 Stat. 2629.) Editorial Notes REFERENCES IN TEXT Enactment of the American Jobs Creation Act of 2004, referred to in subsec. (b)(1), means enactment of Pub. L. 108–357, which was approved Oct. 22, 2004. PRIOR PROVISIONS A prior section 6112 was renumbered 6116 of this title. AMENDMENTS 2005—Subsec. (b)(1). Pub. L. 109–135, in introductory provisions, inserted ‘‘(or was required to maintain a list under subsection (a) as in effect before the enact- ment of the American Jobs Creation Act of 2004)’’ after ‘‘a list under subsection (a)’’. 2004—Pub. L. 108–357, § 815(b)(2), substituted ‘‘Material advisors of reportable transactions must keep lists of advisees, etc.’’ for ‘‘Organizers and sellers of poten- tially abusive tax shelters must keep lists of investors’’ in section catchline. Subsec. (a). Pub. L. 108–357, § 815(b)(2), reenacted head- ing without change and amended text of subsec. (a) generally, substituting provisions requiring each mate- rial advisor to maintain a list identifying each person with respect to whom such advisor acted as a material advisor with respect to a reportable transaction and containing such other information as required by regu- lations, for provisions requiring any person who orga- nized any potentially abusive tax shelter or sold any interest in such a shelter to maintain a list identifying each person who had been sold an interest in such shel- ter and containing such other information as required by regulations. Subsec. (b). Pub. L. 108–357, § 815(b)(2), (3)(A), redesig- nated subsec. (c) as (b) and struck out former subsec. (b), which defined ‘‘potentially abusive tax shelter’’ for purposes of this section. Subsec. (b)(1)(A). Pub. L. 108–357, § 815(b)(3)(B), in- serted ‘‘written’’ before ‘‘request’’. Subsec. (b)(2). Pub. L. 108–357, § 815(b)(3)(C), sub- stituted ‘‘may prescribe’’ for ‘‘shall prescribe’’. Subsec. (c). Pub. L. 108–357, § 815(b)(3)(A), redesignated subsec. (c) as (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to trans- actions with respect to which material aid, assistance, or advice referred to in section 6111(b)(1)(A)(i) of this title is provided after Oct. 22, 2004, see section 815(c) of Pub. L. 108–357, set out as a note under section 6111 of this title. EFFECTIVE DATE Pub. L. 98–369, div. A, title I, § 142(d), July 18, 1984, 98 Stat. 682, provided that: ‘‘The amendments made by this section [enacting this section and section 6708 of this title and renumbering former section 6112 as sec- tion 6113 of this title] shall apply to any interest which is first sold to any investor after August 31, 1984.’’ § 6113. Disclosure of nondeductibility of con- tributions (a) General rule Each fundraising solicitation by (or on behalf of) an organization to which this section applies shall contain an express statement (in a con- spicuous and easily recognizable format) that contributions or gifts to such organization are not deductible as charitable contributions for Federal income tax purposes. (b) Organizations to which section applies (1) In general Except as otherwise provided in this sub- section, this section shall apply to any organi- zation which is not described in section 170(c) and which— (A) is described in subsection (c) (other than paragraph (1) thereof) or (d) of section 501 and exempt from taxation under section 501(a), (B) is a political organization (as defined in section 527(e)), or (C) was an organization described in sub- paragraph (A) or (B) at any time during the 5-year period ending on the date of the fund-