26 U.S.C. § 7478 — Declaratory judgments relating to status

Page 3932 TITLE 26—INTERNAL REVENUE CODE § 7478 scribed in subsection (a) to the petitioner, no proceeding may be initiated under this section unless the pleading is filed before the 91st day after the date of such mailing. (Added Pub. L. 105–34, title V, § 506(c)(1), Aug. 5, 1997, 111 Stat. 855.) Editorial Notes PRIOR PROVISIONS A prior section 7477, added Pub. L. 94–455, title X, § 1042(d)(1), Oct. 4, 1976, 90 Stat. 1637; amended Pub. L. 95–600, title III, § 336(b)(2)(B), Nov. 6, 1978, 92 Stat. 2842, provided for declaratory judgments relating to trans- fers of property from the United States, prior to repeal by Pub. L. 98–369, div. A, title I, § 131(e)(1), (g), July 18, 1984, 98 Stat. 664, 665, applicable to transfers or ex- changes after Dec. 31, 1984, in taxable years ending after such date, with special rules for certain transfers and ruling requests before Mar. 1, 1984. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to gifts made after Aug. 5, 1997, see section 506(e)(1) of Pub. L. 105–34, set out as an Effec- tive Date of 1997 Amendment note under section 2001 of this title. § 7478. Declaratory judgments relating to status of certain governmental obligations (a) Creation of remedy In a case of actual controversy involving— (1) a determination by the Secretary wheth- er interest on prospective obligations will be excludable from gross income under section 103(a), or (2) a failure by the Secretary to make a de- termination with respect to any matter re- ferred to in paragraph (1), upon the filing of an appropriate pleading, the Tax Court may make a declaration whether in- terest on such prospective obligations will be ex- cludable from gross income under section 103(a). Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. (b) Limitations (1) Petitioner A pleading may be filed under this section only by the prospective issuer. (2) Exhaustion of administrative remedies The court shall not issue a declaratory judg- ment or decree under this section in any pro- ceeding unless it determines that the peti- tioner has exhausted all available administra- tive remedies within the Internal Revenue Service. A petitioner shall be deemed to have exhausted its administrative remedies with re- spect to a failure of the Secretary to make a determination with respect to an issue of obli- gations at the expiration of 180 days after the date on which the request for such determina- tion was made if the petitioner has taken, in a timely manner, all reasonable steps to se- cure such determination. (3) Time for bringing action If the Secretary sends by certified or reg- istered mail notice of his determination as de- scribed in subsection (a)(1) to the petitioner, no proceeding may be initiated under this sec- tion unless the pleading is filed before the 91st day after the date of such mailing. (Added Pub. L. 95–600, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2841; amended Pub. L. 100–647, title I, § 1013(a)(42), Nov. 10, 1988, 102 Stat. 3544.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–647 substituted ‘‘wheth- er interest on prospective obligations will be exclud- able from gross income under section 103(a)’’ for ‘‘whether prospective obligations are described in sec- tion 103(a)’’ in par. (1) and ‘‘whether interest on such prospective obligations will be excludable from gross income under section 103(a)’’ for ‘‘whether such pro- spective obligations are described in section 103(a)’’ in concluding provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title. EFFECTIVE DATE Pub. L. 95–600, title III, § 336(d), Nov. 6, 1978, 92 Stat. 2842, provided that: ‘‘The amendments made by this section [enacting this section and amending sections 7456, 7476, 7477, and 7482 of this title] shall apply to re- quests for determinations made after December 31, 1978.’’ § 7479. Declaratory judgments relating to eligi- bility of estate with respect to installment payments under section 6166 (a) Creation of remedy In a case of actual controversy involving a de- termination by the Secretary of (or a failure by the Secretary to make a determination with re- spect to)— (1) whether an election may be made under section 6166 (relating to extension of time for payment of estate tax where estate consists largely of interest in closely held business) with respect to an estate (or with respect to any property included therein), or (2) whether the extension of time for pay- ment of tax provided in section 6166(a) has ceased to apply with respect to an estate (or with respect to any property included there- in), upon the filing of an appropriate pleading, the Tax Court may make a declaration with respect to whether such election may be made or wheth- er such extension has ceased to apply. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be review- able as such. (b) Limitations (1) Petitioner A pleading may be filed under this section, with respect to any estate, only— (A) by the executor of such estate, or (B) by any person who has assumed an ob- ligation to make payments under section