Sec. 308. advisory opinions
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/statute-compilations/comps-985/sec-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 308 advisory opinions ###
(a)####
(1)Not later than 60 days after the Commission receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the person, the Commission shall render a written advisory opinion relating to such transaction or activity to the person. ####
(2)If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the requesting party, the Commission shall render a written advisory opinion relating to such request no later than 20 days after the Commission receives a complete written request. ###
(b)Any rule of law which is not stated in this Act or in chapter 95 or chapter 96 of the Internal Revenue Code of 1954 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures established in section 311(d). No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance with the provisions of this section. ###
(c)####
(1)Any advisory opinion rendered by the Commission under subsection
(a)may be relied upon by— #####
(A)any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and #####
(B)any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered. ####
(2)Notwithstanding any other provisions of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph
(1)and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of the Internal Revenue Code of 1954. ###
(d)The Commission shall make public any request made under subsection
(a)for an advisory opinion. Before rendering an advisory opinion, the Commission shall accept written comments submitted by any interested party within the 10-day period following the date the request is made public. **[**[52 U.S.C. 30108](/us/usc/t52/s30108)**]** P.L. 92–225, §308, formerly §313, as added P.L. 93–443, §208(a), Oct. 15, 1974, 88 Stat. 1283; renumbered §312 and amended P.L. 94–283, §§105, 108(a), May 11, 1976, 90 Stat. 481, 482; renumbered §308 and amended P.L. 96–187, §§105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 1357.
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U.S. Code
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- 88 Stat. 1283
- 90 Stat. 481
- 93 Stat. 1354
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