The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative.
31 U.S.C. § 330
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code | Source (Statutes at Large) |
330(a) | 31:1026(1st sentence). | July 7, 1884, ch. 334, §3(proviso and sentence immediately after proviso under heading "War Department"), 23 Stat. 258. |
330(b) | 31:1026(last sentence). |
EDITORIAL NOTES
AMENDMENTS2015-Subsecs. (b) to (e). Pub. L. 114-113 added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.2006-Subsec. (c). Pub. L. 109-280 struck out "with respect to whom a penalty has been assessed under section 6701(a) of the Internal Revenue Code of 1986" after "any appraiser" in introductory provisions.2004-Subsec. (b). Pub. L. 108-357, §822(a)(1), inserted ",or censure," after "Department" in introductory provisions and inserted at end "The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative."Subsec. (d). Pub. L. 108-357, §822(b), added subsec. (d). 1986-Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". 1984-Subsec. (c). Pub. L. 98-369 added subsec. (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-280 applicable to appraisals prepared with respect to returns or submissions filed after Aug. 17, 2006, see section 1219(e)(2) of Pub. L. 109-280 set out as a note under section 170 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-357, title VIII, §822(a)(2), Oct. 22, 2004, 118 Stat. 1587, provided that: "The amendments made by this subsection [amending this section] shall apply to actions taken after the date of the enactment of this Act [Oct. 22, 2004]."
EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-369, div. A, title I, §156(b), July 18, 1984, 98 Stat. 695, provided that: "The amendment made by subsection (a) [amending this section] shall apply to penalties assessed after the date of the enactment of this Act [July 18, 1984]."