Sec. 302. Penalty for aiding and abetting the understatement of tax liability
297 words·~1 min read·
/bill/113/hr/1554/ih/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6701(a) is amended— by inserting the tax liability or after respect to, in paragraph (1), by inserting aid, assistance, procurement, or advice with respect to such before portion both places it appears in paragraphs
(2)and (3), and by inserting instance of aid, assistance, procurement, or advice or each such before document in the matter following paragraph (3). Subsection
(b)of section 6701 is amended to read as follows: The amount of the penalty imposed by subsection
(a)shall not exceed 150 percent of the gross income derived (or to be derived) from such aid, assistance, procurement, or advice provided by the person or persons subject to such penalty. The penalty amount determined under paragraph
(1)shall be calculated with respect to each instance of aid, assistance, procurement, or advice described in subsection (a), each instance in which income was derived by the person or persons subject to such penalty, and each person who made such an understatement of the liability for tax. If more than 1 person is liable under subsection
(a)with respect to providing such aid, assistance, procurement, or advice, all such persons shall be jointly and severally liable for the penalty under such subsection. . Section 6701 is amended by adding at the end the following new subsection: The payment of any penalty imposed under this section or the payment of any amount to settle or avoid the imposition of such penalty shall not be considered an ordinary and necessary expense in carrying on a trade or business for purposes of this title and shall not be deductible by the person who is subject to such penalty or who makes such payment. . The amendments made by this section shall apply to activities after the date of the enactment of this Act.