• logo-lightlogo-dark

    decipher.legal

    Created by Michael Wessels
    1. U.S. Code
    2. Title 26
    3. Subtitle F
    4. CHAPTER 76
    5. Subchapter A

    § 7409 Action to enjoin flagrant political expenditures of section 501(c)(3) organizations

    (a) Authority to seek injunction

    (1) In general

    If the requirements of paragraph (2) are met, a civil action in the name of the United States may be commenced at the request of the Secretary to enjoin any organization from further making political expenditures and for such other relief as may be appropriate to ensure that the assets of such organization are preserved for charitable or other purposes specified in . Any action under this section shall be brought in the district court of the United States for the district in which such organization has its principal place of business or for any district in which it has made political expenditures. The court may exercise its jurisdiction over such action (as provided in ) separate and apart from any other action brought by the United States against such organization.

    (2) Requirements

    An action may be brought under subsection (a) only if—

    (A) the Internal Revenue Service has notified the organization of its intention to seek an injunction under this section if the making of political expenditures does not immediately cease, and

    (B) the Commissioner of Internal Revenue has personally determined that—

    the Commissioner of Internal Revenue has personally determined that—

    (i) such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and

    (ii) injunctive relief is appropriate to prevent future political expenditures.

    (b) Adjudication and decree

    In any action under subsection (a), if the court finds on the basis of clear and convincing evidence that—

    (1) such organization has flagrantly participated in, or intervened in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, and

    (2) injunctive relief is appropriate to prevent future political expenditures,

    (c) Definitions

    For purposes of this section, the terms “ organization” and “political expenditures” have the respective meanings given to such terms by section 4955.