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.
Pub. L. 105–34, title V, § 506(c)(1)111 Stat. 855(Added , , .)
Editorial Notes
Prior Provisions
Pub. L. 94–455, title X, § 1042(d)(1)90 Stat. 1637Pub. L. 95–600, title III, § 336(b)(2)(B)92 Stat. 2842Pub. L. 98–369, div. A, title I, § 131(e)(1)98 Stat. 664A prior section 7477, added , , ; amended , , , provided for declaratory judgments relating to transfers of property from the United States, prior to repeal by , (g), , , 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 506(e)(1) of Pub. L. 105–34section 2001 of this titleSection applicable to gifts made after , see , set out as an Effective Date of 1997 Amendment note under .