§ 7478. Declaratory judgments relating to status of certain governmental obligations

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.

1. 1978

   Pub. L. 95–600 title III § 336(a) · 92 Stat. 2763

   Enacted · 26 U.S.C. § 7478

   Added Pub. L. 95–600, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2841

   Source evidence

   Code source credit
   Added Pub. L. 95–600, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2841

   Enacted provision · exact public law section
   (a) In General.— Part IV of subchapter C of chapter 76 (relating to declaratory judgments) is amended by adding at the end thereof the following new section: “SEC. 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 whether prospective obligations are described in section 103(a), or 26 USC 103. “(2) a failure by the Secretary to make a determination with respect to any matter referred to in paragraph (1), upon the filing of an appropriate pleading, the Tax Court may make a declaration whether such prospective obligations are described in 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 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. A petitioner shall be deemed to have exhausted its administrative remedies with respect to a failure of the Secretary to make a determination with respect to an issue of obligations at the expiration of 180 days after the date on which the request for such determination was made if the petitioner has taken, in a timely manner, all reasonable steps to secure such determination. “(3) Time for bringing action.— If the Secretary sends by certified or registered mail notice of his determination as described in subsection (a)(1) 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. ’

2. 1988

   Technical and Miscellaneous Revenue Act of 1988

   Pub. L. 100–647 title I § 1013(a)(42) · 102 Stat. 3342

   1. Substituted · 26 U.S.C. § 7478(a)

      Pub. L. 100–647 substituted “whether interest on prospective obligations will be excludable from gross income under section 103(a)” for “whether prospective obligations are described in section 103(a)” in concluding provisions

   2. Substituted · 26 U.S.C. § 7478(a)

      Pub. L. 100–647 substituted “whether interest on such prospective obligations will be excludable from gross income under section 103(a)” for “whether such prospective obligations are described in section 103(a)” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–647 substituted “whether interest on prospective obligations will be excludable from gross income under section 103(a)” for “whether prospective obligations are described in section 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 prospective obligations are described in section 103(a)” in concluding provisions.

   Enacted provision · exact public law section
   (42) Subsection (a) of section 7478 of the 1986 Code is amended— (A) by striking out “whether prospective obligations are described in section 103(a)” in paragraph (1) and inserting in lieu thereof “whether interest on prospective obligations will be excludable from gross income under section 103(a)”, and (B) by striking out “whether such prospective obligations are described in section 103(a)” and inserting in lieu thereof “whether interest on such prospective obligations will be excludable from gross income under section 103(a)”.

   Effective date note
   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.

3 of 3 references resolved to an enrolled provision