- 10 - Reconciliation Act of 1989 (the 1989 Act), Pub. L. 101-239, 103 Stat. 2106, 2395-2398. Prior to the passage of the 1989 Act, the fraud penalty (or addition to tax, as it was then known) was contained in former section 6653(b) and (e). This former section provided: SEC. 6653(b). Fraud.-- (1) In general.--If any part of any underpayment * * * of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 75 percent of the portion of the underpayment which is attributable to fraud. * * * * * * * (e) Failure To Pay Stamp Tax.--Any person * * * who willfully fails to pay any tax imposed by this title which is payable by stamp, coupons, tickets, books, or other devices or methods prescribed by this title or by regulations under authority of this title, or willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty of 50 percent of the total amount of the underpayment of the tax. Section 7721(a) of the 1989 Act amended former section 6653 to read almost verbatim with former section 6653(e); i.e., section 6653 now applies only to a failure to pay tax by way of stamps, coupons, tickets, books, or other devices or methods prescribed by the Code or regulations thereunder. Section 7721(a) of the 1989 Act also created section 6663(a) to impose the fraud penalty on "tax required to be shown on a return". Congress did not intend for the 1989 Act, as it applied to the fraud and accuracy-related penalties, to create a new body of law thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011