§ 7441. Status

Statutory text

There is hereby established, under article I of the Constitution of the United States, a court of record to be known as the United States Tax Court. The members of the Tax Court shall be the chief judge and the judges of the Tax Court. The Tax Court is not an agency of, and shall be independent of, the executive branch of the Government.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1954
Aug. 16, 1954, ch. 736, 68A Stat. 879 · 68A Stat. 879
Enacted · 26 U.S.C. § 7441
Aug. 16, 1954, ch. 736, 68A Stat. 879
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 879
1969
Tax Reform Act of 1969
Pub. L. 91–172 title IX § 951 · 83 Stat. 487
Substituted · 26 U.S.C. § 7441
Pub. L. 91–172 substituted provisions establishing Tax Court as a Constitutional court, and enumerating the members that comprise its bench, for provisions continuing the Board of Tax Appeals, known as the Tax Court, as an independent agency in the Executive Branch of Government and enumerating the members that comprise its bench
Source evidence
Code amendment note
Pub. L. 91–172 substituted provisions establishing Tax Court as a Constitutional court, and enumerating the members that comprise its bench, for provisions continuing the Board of Tax Appeals, known as the Tax Court, as an independent agency in the Executive Branch of Government and enumerating the members that comprise its bench.
Enacted provision · exact public law section
SEC. 951. STATUS OF TAX COURT. 68A Stat. 879. Section 7441 (relating to the status of the Tax Court) is amended to read as follows: “SEC. 7441. STATUS. “There is hereby established, under article I of the Constitution of USC prec. title 1. the United States, a court of record to be known as the United States Tax Court. The members of the Tax Court shall be the chief judge and the judges of the Tax Court.”
Effective date note
Pub. L. 91–172, title IX, § 962(a), Dec. 30, 1969, 83 Stat. 736, provided that: “The amendments made by sections 951, 953, 954(c) and (e), 955, 956, 958, and 960(c), (d), (e), (g), and (j) [amending this section and sections 7443, 7447, 7448, 7456, 7471, and 7701 of this title] shall take effect on the date of enactment of this Act [Dec. 30, 1969].”
2015
Protecting Americans from Tax Hikes Act of 2015
Pub. L. 114–113 div. Q title IV § 441 · 129 Stat. 2242
Inserted · 26 U.S.C. § 7441
Pub. L. 114–113 inserted at end “The Tax Court is not an agency of, and shall be independent of, the executive branch of the Government.”
Source evidence
Code amendment note
Pub. L. 114–113 inserted at end “The Tax Court is not an agency of, and shall be independent of, the executive branch of the Government.”
Enacted provision · exact public law section
SEC. 441. CLARIFICATION RELATING TO UNITED STATES TAX COURT. Section 7441 26 USC 7441. is amended by adding at the end the following: “The Tax Court is not an agency of, and shall be independent of, the executive branch of the Government.”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1969–2015 · 2 rounds

2015

Pub. L. 114–113 inserted at end “The Tax Court is not an agency of, and shall be independent of, the executive branch of the Government.”

1969

Pub. L. 91–172 substituted provisions establishing Tax Court as a Constitutional court, and enumerating the members that comprise its bench, for provisions continuing the Board of Tax Appeals, known as the Tax Court, as an independent agency in the Executive Branch of Government and enumerating the members that comprise its bench.

Statutory Notes and Related Subsidiaries

Effective Date of 1969 Amendment

Pub. L. 91–172, title IX, § 962(a), Dec. 30, 1969, 83 Stat. 736, provided that: “The amendments made by sections 951, 953, 954(c) and (e), 955, 956, 958, and 960(c), (d), (e), (g), and (j) [amending this section and sections 7443, 7447, 7448, 7456, 7471, and 7701 of this title] shall take effect on the date of enactment of this Act [Dec. 30, 1969].”

Report on Inventory of Cases in Tax Court

Pub. L. 99–514, title XV, § 1552(c), Oct. 22, 1986, 100 Stat. 2753, provided that: “The Secretary of the Treasury or his delegate and the Tax Court shall each prepare a report for 1987 and for each 2-calendar year period thereafter on the inventory of cases in the Tax Court and the measures to close cases more efficiently. Such reports shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.”

Continuation of Status

Pub. L. 91–172, title IX, § 961, Dec. 30, 1969, 83 Stat. 735, provided that: “The United States Tax Court established under the amendment made by section 951 [amending this section] is a continuation of the Tax Court of the United States as it existed prior to the date of enactment of this Act [Dec. 30, 1969], the judges of the Tax Court of the United States immediately prior to the date of enactment of this Act [Dec. 30, 1969] shall become the judges of the United States Tax Court upon the enactment of this Act, and no loss of rights or powers, interruption of jurisdiction, or prejudice to matters pending in the Tax Court of the United States before the date of enactment of this Act [Dec. 30, 1969] shall result from the enactment of this Act.”

Credits

1954–2015 · 3 acts

1954Aug. 16, 1954, ch. 736, 68A Stat. 879
1969Pub. L. 91–172, title IX, § 951, Dec. 30, 1969, 83 Stat. 730
2015Pub. L. 114–113, div. Q, title IV, § 441, Dec. 18, 2015, 129 Stat. 3126.

Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 879; Pub. L. 91–172, title IX, § 951, Dec. 30, 1969, 83 Stat. 730; Pub. L. 114–113, div. Q, title IV, § 441, Dec. 18, 2015, 129 Stat. 3126.)