Title 26 — Internal Revenue Code
Part IV · Chapter 76 — Judicial Proceedings
§ 7477. Declaratory judgments relating to value of certain gifts
Statutory text
Creation of remedy
In a case of an actual controversy involving a determination by the Secretary of the value of any gift shown on the return of tax imposed by chapter 12 or disclosed on such return or in any statement attached to such return, upon the filing of an appropriate pleading, the Tax Court may make a declaration of the value of such gift. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such.
Limitations
Petitioner
A pleading may be filed under this section only by the donor.
Exhaustion of administrative remedies
The court shall not issue a declaratory judgment or decree under this section in any proceeding unless it determines that the petitioner has exhausted all available administrative remedies within the Internal Revenue Service.
Time for bringing action
If the Secretary sends by certified or registered mail notice of his determination as described 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.
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.
Pub. L. 105–34 title V § 506(c)(1) · 111 Stat. 788
Enacted · 26 U.S.C. § 7477
(Added Pub. L. 105–34, title V, § 506(c)(1), Aug. 5, 1997, 111 Stat. 855.)
Source evidence
Code source credit
(Added Pub. L. 105–34, title V, § 506(c)(1), Aug. 5, 1997, 111 Stat. 855.)Enacted provision · exact public law section
(1) In general.— Part IV of subchapter C of chapter 76 is amended by inserting after section 7476 the following new section: “SEC. 7477. DECLARATORY JUDGMENTS RELATING TO VALUE OF CERTAIN GIFTS. “(a) Creation of Remedy.— In a case of an actual controversy involving a determination by the Secretary of the value of any gift shown on the return of tax imposed by chapter 12 or disclosed on such return or in any statement attached to such return, upon the filing of an appropriate pleading, the Tax Court may make a declaration of the value of such gift. 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 donor. “(2) Exhaustion of administrative remedies.— The court shall not issue a declaratory judgment or decree under this section in any proceeding unless it determines that the petitioner has exhausted all available administrative remedies within the Internal Revenue Service. “(3) Time for bringing action.— If the Secretary sends by certified or registered mail notice of his determination as described 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.”.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 7477, added Pub. L. 94–455, title X, § 1042(d)(1), , 90 Stat. 1637; amended Pub. L. 95–600, title III, § 336(b)(2)(B), , 92 Stat. 2842, provided for declaratory judgments relating to transfers of property from the United States, prior to repeal by Pub. L. 98–369, div. A, title I, § 131(e)(1), (g), , 98 Stat. 664, 665, applicable to transfers or exchanges after , in taxable years ending after such date, with special rules for certain transfers and ruling requests before .
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to gifts made after , see section 506(e)(1) of Pub. L. 105–34, set out as an Effective Date of 1997 Amendment note under section 2001 of this title.
Credits
(Added Pub. L. 105–34, title V, § 506(c)(1), , 111 Stat. 855.)