Title 26 — Internal Revenue Code
Chapter 68 — Additions to the Tax, Additional Amounts, and Assessable Penalties
§ 6751. Procedural requirements
Statutory text
Computation of penalty included in notice
The Secretary shall include with each notice of penalty under this title information with respect to the name of the penalty, the section of this title under which the penalty is imposed, and a computation of the penalty.
Approval of assessment
In general
No penalty under this title shall be assessed unless the initial determination of such assessment is personally approved (in writing) by the immediate supervisor of the individual making such determination or such higher level official as the Secretary may designate.
Exceptions
Paragraph (1) shall not apply to—
any addition to tax under section 6651, 6654, 6655, or 6662 (but only with respect to an addition to tax by reason of paragraph (9) or (10) of subsection (b) thereof); or
any other penalty automatically calculated through electronic means.
Penalties
For purposes of this section, the term “penalty” includes any addition to tax or any additional amount.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Taxpayer Bill of Rights 3
Pub. L. 105–206 title III § 3306(a) · 112 Stat. 685
Enacted · 26 U.S.C. § 6751
Added Pub. L. 105–206, title III, § 3306(a), July 22, 1998, 112 Stat. 744
Source evidence
Code source credit
Added Pub. L. 105–206, title III, § 3306(a), July 22, 1998, 112 Stat. 744Enacted provision · exact public law section
(a) In General.— Chapter 68 (relating to additions to the tax, additional amounts, and assessable penalties) is amended by adding at the end the following new subchapter: “Subchapter C— Procedural Requirements “Sec. 6751. Procedural requirements. “SEC. 6751. PROCEDURAL REQUIREMENTS. “(a) Computation of Penalty Included in Notice.— The Secretary shall include with each notice of penalty under this title information with respect to the name of the penalty, the section of this title under which the penalty is imposed, and a computation of the penalty. “(b) Approval of Assessment.— “(1) In general.— No penalty under this title shall be assessed unless the initial determination of such assessment is personally approved (in writing) by the immediate supervisor of the individual making such determination or such higher level official as the Secretary may designate. “(2) Exceptions.— Paragraph (1) shall not apply to— “(A) any addition to tax under section 6651, 6654, or 6655; or “(B) any other penalty automatically calculated through electronic means. “(c) Penalties.— For purposes of this section, the term ‘penalty’ includes any addition to tax or any additional amount.”.Department of Justice Appropriations Act, 2021
Pub. L. 116–260 div. EE title II § 212(b)(3) · 134 Stat. 1182
Substituted · 26 U.S.C. § 6751(b)(2)(A)
Pub. L. 116–260 substituted “6655, or 6662 (but only with respect to an addition to tax by reason of subsection (b)(9) thereof)” for “or 6655”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 116–260 substituted “6655, or 6662 (but only with respect to an addition to tax by reason of subsection (b)(9) thereof)” for “or 6655”.Enacted provision · exact public law section
Sec. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings “Research, Evaluation and Statistics”, “State and Local Law Enforcement Assistance”, and “Juvenile Justice Programs”— (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs.Financial Services and General Government Appropriations Act, 2023
Pub. L. 117–328 div. T title VI § 605(a)(2)(D) · 136 Stat. 4459
Substituted · 26 U.S.C. § 6751(b)(2)(A)
Pub. L. 117–328 substituted “paragraph (9) or (10) of subsection (b)” for “subsection (b)(9)”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 117–328 substituted “paragraph (9) or (10) of subsection (b)” for “subsection (b)(9)”.Enacted provision · exact public law section
Sec. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).Effective date note
Amendment by Pub. L. 117–328 applicable to contributions made after Dec. 29, 2022, see section 605(c)(1) of Pub. L. 117–328, set out as a note under section 170 of this title.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Codification
Another section 212(b) of div. EE of Pub. L. 116–260 amended section 63 of this title.
Amendments2020–2022 · 2 rounds
2022
Subsec. (b)(2)(A). Pub. L. 117–328 substituted “paragraph (9) or (10) of subsection (b)” for “subsection (b)(9)”.
2020
Subsec. (b)(2)(A). Pub. L. 116–260 substituted “6655, or 6662 (but only with respect to an addition to tax by reason of subsection (b)(9) thereof)” for “or 6655”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–328 applicable to contributions made after , see section 605(c)(1) of Pub. L. 117–328, set out as a note under section 170 of this title.
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 applicable to taxable years beginning after , see section 212(d) of div. EE of Pub. L. 116–260, set out as a note under section 62 of this title.
Effective Date
Pub. L. 105–206, title III, § 3306(c), , 112 Stat. 744, as amended by Pub. L. 106–554, § 1(a)(7) [title III, § 302(b)], , 114 Stat. 2763, 2763A–632, provided that: “The amendments made by this section [enacting this subchapter] shall apply to notices issued, and penalties assessed, after . In the case of any notice of penalty issued after , and before , the requirements of section 6751(a) of the Internal Revenue Code of 1986 shall be treated as met if such notice contains a telephone number at which the taxpayer can request a copy of the taxpayer’s assessment and payment history with respect to such penalty.”
Credits
1998–2022 · 3 acts
- 1998Added Pub. L. 105–206, title III, § 3306(a), , 112 Stat. 744
- 2020amended Pub. L. 116–260, div. EE, title II, § 212(b)(3), , 134 Stat. 3067
- 2022Pub. L. 117–328, div. T, title VI, § 605(a)(2)(D), , 136 Stat. 5395.
Show as published
(Added Pub. L. 105–206, title III, § 3306(a), , 112 Stat. 744; amended Pub. L. 116–260, div. EE, title II, § 212(b)(3), , 134 Stat. 3067; Pub. L. 117–328, div. T, title VI, § 605(a)(2)(D), , 136 Stat. 5395.)