- 4 - Pursuant to Rule 53, respondent filed the motions to dismiss for lack of jurisdiction against petitioners on July 12, 2004. On October 14, 2004, upon order of this Court, the two cases were consolidated for hearing on the motions to dismiss. The hearing was held on November 29, 2004, in San Francisco, California. Discussion Section 6033(a)(1) requires an organization exempt from taxation under section 501(a) to file “an annual return, stating specifically the items of gross income, receipts, and disbursements, and such other information * * * as the Secretary may by forms or regulations prescribe”.2 If the organization fails to timely file a complete section 6033(a)(1) return, the organization is subject to a penalty under section 6652(c)(1) (A).3 Section 6652(c)(1) penalties are paid on notice and demand 2 Sec. 6033(a)(2) exempts certain organizations, such as churches and religious organizations, from this filing requirement; no such exceptions are at issue in the present cases. 3 Sec. 6652(c)(1)(A)(i) provides, in pertinent part: (A) Penalty on organization.--In the case of-- (i) a failure to file a return required under section 6033 * * * on the date and in the manner prescribed therefor * * * * * * * * * * there shall be paid by the exempt organization $20 for each day during which such failure continues. The maximum penalty under this subparagraph * * * shall not (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011