Page:United States Statutes at Large Volume 101 Part 2.djvu/1253

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-459

"(c) $10,000 LIMITATION NOT TO APPLY WHERE INTENTIONAL DIS-

REGARD.—If any failure to which subsection (a) applies is due to intentional disregard of the requirement of section 6113— "(1) the penalty under subsection (a) for the day on which such failure occurred shall be the greater of— "(A) $1,000, or "(B) 50 percent of the aggregate cost of the solicitations which occurred on such day and with respect to which there ' was such a failure, "(2) the $10,000 limitation of subsection (a) shall not apply to any penalty under subsection (a) for the day on which such failure occurred, and "(3) such penalty shall not be taken into account in applying such limitation to other penalties under subsection (a). "(d) DAY ON WHICH FAILURE OCCURS.—For purposes of this section, any failure to meet the requirement of section 6113 with respect to a solicitation— "(1) by television or radio, shall be treated as occurring when the solicitation was telecast or broadcast, "(2) by mail, shall be treated as occurring when the solicitation was mailed, "(3) not by mail but in written or printed form, shall be treated as occurring when the solicitation was distributed, or "(4) by telephone, shall be treated as occurring when the solicitation was made."

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(c) CLERICAL AMENDMENTS.—

(1) The table of sections for subchapter B of chapter 61 is amended by striking out the item relating to section 6113 and inserting in lieu thereof the following: "Sec. 6113. Disclosure of nondeductibility of contributions. "Sec. 6114. Cross reference."

(2) The table of sections for part I of subchapter B of chapter 68 is amended by adding at the end thereof the following new item: "Sec. 6710. Failure to disclose that contributions are nondeductible." (d) EFFECTIVE DATE.—The amendments made by this section shall

apply to solicitations after January 31, 1988.

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26 USC 6113 note.

SEC. 10702. PUBLIC INSPECTION OF ANNUAL RETURNS AND APPLICATIONS FOR TAX-EXEMPT STATUS.

(a) GENERAL RULE.—Section 6104 (relating to publicity of information required from certain tax-exempt organizations and certain trusts) is amended by adding at the end thereof the following new subsection: "(e) PUBLIC INSPECTION OF CERTAIN ANNUAL RETURNS AND APPLICATIONS FOR EXEMPTION.— "(1) A N N U A L RETURNS.—

"(A) IN GENERAL.—During the 3-year period beginning on the filing date, a copy of the annual return filed under section 6033 (relating to returns by exempt organizations) by any organization to which this paragraph applies shall be made available by such organization for inspection during regular business hours by any individual at the principal office of the organization and, if such organization regularly maintains 1 or more regional or district offices

Public information.

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