26 USC 7478 - Declaratory judgments relating to status of certain governmental obligations

U.S Code last checked for updates: Nov 22, 2024

§ 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 interest on prospective obligations will be excludable from gross income under section 103(a), or

(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 interest on such prospective obligations will be excludable 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

(2)

Exhaustion of administrative remedies

(3)

Time for bringing action

(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.)

cite as: 26 USC 7478