[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5552 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5552

To amend the Internal Revenue Code of 1986 to require that the payment 
  of the manufacturers' excise tax on recreational equipment be paid 
  quarterly and to provide for the assessment by the Secretary of the 
               Treasury of certain criminal restitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2010

       Mr. Kind (for himself, Mr. Ryan of Wisconsin, Mr. Neal of 
Massachusetts, Mr. Tanner, Mr. Pomeroy, Mr. Thompson of California, Mr. 
  Larson of Connecticut, Ms. Berkley, Mr. Etheridge, Mr. Heller, Mr. 
Herger, Mr. Altmire, Mr. Arcuri, Mr. Bishop of Georgia, Mr. Boren, Mr. 
   Boswell, Mr. Boucher, Mr. Cardoza, Mr. Carney, Mr. Chandler, Mr. 
   Childers, Mr. Critz, Mr. Ellsworth, Mr. Gene Green of Texas, Mr. 
 Heinrich, Ms. Herseth Sandlin, Mr. Hill, Mr. Kagen, Mr. Kratovil, Mr. 
    Larsen of Washington, Mr. Matheson, Ms. Markey of Colorado, Mr. 
Melancon, Mr. Minnick, Mr. Murphy of New York, Mr. Rodriguez, Mr. Ross, 
  Mr. Salazar, Mr. Shuler, Mr. Skelton, Mr. Smith of Washington, Mr. 
    Stupak, Mr. Walz, Mr. Welch, Mr. Alexander, Mr. Bartlett, Mrs. 
  Blackburn, Mr. Blunt, Mr. Boozman, Mr. Broun of Georgia, Mr. Coble, 
   Mrs. Emerson, Mr. Griffith, Mr. Putnam, and Mr. Young of Alaska) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to require that the payment 
  of the manufacturers' excise tax on recreational equipment be paid 
  quarterly and to provide for the assessment by the Secretary of the 
               Treasury of certain criminal restitution.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Firearms Excise Tax Improvement Act 
of 2010''.

SEC. 2. TIME FOR PAYMENT OF MANUFACTURERS' EXCISE TAX ON RECREATIONAL 
              EQUIPMENT.

    (a) In General.--Subsection (d) of section 6302 of the Internal 
Revenue Code of 1986 (relating to mode or time of collection) is 
amended to read as follows:
    ``(d) Time for Payment of Manufacturers' Excise Tax on Recreational 
Equipment.--The taxes imposed by subchapter D of chapter 32 of this 
title (relating to taxes on recreational equipment) shall be due and 
payable on the date for filing the return for such taxes.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to articles sold by the manufacturer, producer, or importer after 
the date of the enactment of this Act.

SEC. 3. ASSESSMENT OF CERTAIN CRIMINAL RESTITUTION.

    (a) In General.--Subsection (a) of section 6201 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(4) Certain orders of criminal restitution.--
                    ``(A) In general.--The Secretary shall assess and 
                collect the amount of restitution under an order 
                pursuant to section 3556 of title 18, United States 
                Code, for failure to pay any tax imposed under this 
                title in the same manner as if such amount were such 
                tax.
                    ``(B) Time of assessment.--An assessment of an 
                amount of restitution under an order described in 
                subparagraph (A) shall not be made before all appeals 
                of such order are concluded and the right to make all 
                such appeals has expired.
                    ``(C) Restriction on challenge of assessment.--The 
                amount of such restitution may not be challenged by the 
                person against whom assessed on the basis of the 
                existence or amount of the underlying tax liability in 
                any proceeding authorized under this title (including 
                in any suit or proceeding in court permitted under 
                section 7422).''.
    (b) Exception From Certain Restrictions on Assessment and 
Collection.--
            (1) No petition to tax court, no restriction on further 
        deficiency letters, etc.--Subsection (b) of section 6213 of 
        such Code is amended by adding at the end the following new 
        paragraph:
            ``(5) Certain orders of criminal restitution.--If the 
        taxpayer is notified that an assessment has been or will be 
        made pursuant to section 6201(a)(4)--
                    ``(A) such notice shall not be considered as a 
                notice of deficiency for the purposes of subsection (a) 
                (prohibiting assessment and collection until notice of 
                the deficiency has been mailed), section 6212(c)(1) 
                (restricting further deficiency letters), or section 
                6512(a) (prohibiting credits or refunds after petition 
                to the Tax Court), and
                    ``(B) subsection (a) shall not apply with respect 
                to the amount of such assessment.''.
            (2) Time limitations on assessment and collection.--
        Subsection (c) of section 6501 of such Code is amended by 
        adding at the end the following new paragraph:
            ``(11) Certain orders of criminal restitution.--In the case 
        of any amount described in section 6201(a)(4), such amount may 
        be assessed, or a proceeding in court for the collection of 
        such amount may be begun without assessment, at any time.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to restitution ordered after the date of the enactment of this 
Act.
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