26 USC 7479 - Declaratory judgments relating to eligibility of estate with respect to installment payments under section 6166

U.S Code last checked for updates: Nov 26, 2024

§ 7479.

Declaratory judgments relating to eligibility of estate with respect to installment payments under section 6166

(a)

Creation of remedy

In a case of actual controversy involving a determination by the Secretary of (or a failure by the Secretary to make a determination with respect 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 payment of tax provided in section 6166(a) has ceased to apply with respect to an estate (or with respect to any property included therein),

upon the filing of an appropriate pleading, the Tax Court may make a declaration with respect to whether such election may be made or whether 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 reviewable 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 obligation to make payments under section 6166 with respect to such estate (but only if each other such person is joined as a party).

(2)

Exhaustion of administrative remedies

(3)

Time for bringing action

(c)

Extension of time to file refund suit

(Added Pub. L. 105–34, title V, § 505(a), Aug. 5, 1997, 111 Stat. 854; amended Pub. L. 105–206, title III, § 3104(b), title VI, § 6007(d), July 22, 1998, 112 Stat. 732, 809.)

cite as: 26 USC 7479