2013 US Code
Title 26 - Internal Revenue Code
Subtitle H - Financing of Presidential Election Campaigns (§§ 9001 - 9042)
Chapter 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT (§§ 9031 - 9042)
Section 9040 - Participation by Commission in judicial proceedings

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 26 - INTERNAL REVENUE CODE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 26 - INTERNAL REVENUE CODE
Subtitle H - Financing of Presidential Election Campaigns
CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
Sec. 9040 - Participation by Commission in judicial proceedings
Containssection 9040
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawNo
Dispositionstandard
Source CreditAdded Pub. L. 93-443, title IV, §408(c), Oct. 15, 1974, 88 Stat. 1302; amended Pub. L. 94-455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.
Statutes at Large References88 Stat. 1302
90 Stat. 1834
Public Law ReferencesPublic Law 93-443, Public Law 94-455

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Participation by Commission in judicial proceedings - 26 U.S.C. § 9040 (2013)
§9040. Participation by Commission in judicial proceedings (a) Appearance by counsel

The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title.

(b) Recovery of certain payments

The Commission is authorized, through attorneys and counsel described in subsection (a), to institute actions in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary as a result of an examination and audit made pursuant to section 9038.

(c) Injunctive relief

The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter.

(d) Appeal

The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section.

(Added Pub. L. 93–443, title IV, §408(c), Oct. 15, 1974, 88 Stat. 1302; amended Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

AMENDMENTS

1976—Subsec. (b). Pub. L. 94–455 struck out "or his delegate" after "Secretary".

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