28 U.S.C. § 1294

Historical and Revision Notes

section 1141(b)(1)(2)(3) of title 26section 61 of title 7Apr. 12, 1900, ch. 191, § 3531 Stat. 85Mar. 3, 1911, ch. 231, § 12836 Stat. 1133Aug. 24, 1912, ch. 390, § 937 Stat. 566Mar. 2, 1917, ch. 14539 Stat. 966Mar. 3, 1917, ch. 171, § 239 Stat. 1132Sept. 21, 1922, ch. 370, § 342 Stat. 1006Feb. 13, 1925, ch. 22943 Stat. 936Feb. 26, 1926, ch. 27, § 100244 Stat. 110Jan. 31, 1928, ch. 14, § 145 Stat. 54May 17, 1932, ch. 19047 Stat. 158Feb. 16, 1933, ch. 91, § 347 Stat. 817May 10, 1934, ch. 277, § 51948 Stat. 760Feb. 10, 1939, ch. 2, § 1141(b)(1)(2)(3)53 Stat. 164Based on , U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C., 1940 ed., § 225(d) and sections 645, 864, 865, 1356, and 1392 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and of the Canal Zone Code (, ; , ; , ; , §§ 42, 43, ; , ; , ; , §§ 1, 13, , 942; , ; , ; , ; , ; , ; , ).

section 1291 of this titleSection consolidates the venue provisions of sections 645, 864, 1356, and 1392 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions with sections 1141(b)(1)(2)(3) to title 26, U.S.C., 1940 ed., Internal Revenue and sections 225(d) and 865 of said title 48. Other provisions of said section 864, not incorporated in this section and sections 41 and 119 of this title, were retained in title 48. Other provisions of said section 1356 are incorporated in . Other provisions of said section 1392 were also retained in title 48.

section 1141(b) of title 26May 10, 1934Paragraph (3) of , U.S.C., 1940 ed., was omitted as executed. It made such subsection applicable to all decisions of the Board of Tax Appeals (Tax Court) rendered on and after .

section 225(d) of title 28section 411 of this titleProvisions of , U.S.C., 1940 ed., for review of the decisions of the United States Court for China were omitted. (See reviser’s note under .)

section 1141(b)(1)(2)(3) of title 26Subsection (b) rephrases and rearranges the relevant provisions of , U.S.C., 1940 ed.

section 451 of this titleSpecific reference to the United States district courts for the districts of Hawaii, Puerto Rico and District of Columbia was omitted as unnecessary, these courts being embraced in the definition of “a district court of the United States” contained in .

section 1291 of this titleAdministrative orders, referred to in reviser’s note under , are reviewable and enforceable in the following circuits:

Orders Reviewable

(1) Alcoholic permit orders—in the District of Columbia or in the circuit where the applicant or permittee resides or has his principal place of business;

(2) Antitrust and unfair trade orders—in the circuit where unlawful act occurred or petitioner resides or carries on business;

(3) Bridge alteration; cost orders—in the circuit where bridge is wholly or partly located;

(4) Civil aeronautics orders—in the District of Columbia or circuit where petitioner resides or has his principal place of business;

(5) Commodity exchange orders—in the circuit where board of trade has its principal place of business or in circuit where petitioner for review of exclusion order carries on business;

(6) Electric and water power orders—in the District of Columbia or circuit where licensee or public utility to which order relates is located or has its principal place of business;

(7) Food, drug and cosmetic orders—in the circuit where person adversely affected resides or has his principal place of business;

(8) Gas orders—in the District of Columbia or circuit where company to which order relates is located or has its principal place of business;

(9) National Labor Relations Board’s final orders—in the District of Columbia or circuit where unfair labor practice occurred or violator resides or transacts business;

(10) Packers cease and desist orders—in the circuit where packer has his principal place of business;

(11) Radio license decisions—in the District of Columbia;

(12) Securities and Exchange Commission orders—in the District of Columbia or circuit where petitioner resides or has his principal place of business;

(13) Seed orders—in the circuit where violator resides or has his principal place of business;

(14) Wage orders—in the District of Columbia or circuit where petitioner resides or has his principal place of business;

(15) Foreign Trade Zones Board orders—in the circuit where the Zone is located;

(16) Customhouse broker licenses—in circuit where applicant or licensee resides or has his principal place of business.

Orders Enforceable

(1) Antitrust and unfair trade orders—in the circuit where unlawful act occurred or person allegedly committing unlawful act resides or carries on business;

(2) National Labor Relations Board’s final orders—in the circuit where unfair labor practice occurred or violator resides or transacts business;

(3) Seed orders—in the circuit where violator resides or has his principal place of business.

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1292 of this title.

Changes were made in phraseology.

section 1141(b)(1)(2)(3) of Title 26By Senate amendment, this section was renumbered “1294”, and subsec. (b), which related to the Tax Court, was eliminated. Therefore, as finally enacted, , U.S.C., Internal Revenue Code 1939, was not one of the sources of this section. The Senate amendments also eliminated section 1141 of the Internal Revenue Code 1939 from the schedule of repeals. See Senate Report No. 1559.

Editorial Notes

Amendments

Pub. L. 97–1641982— substituted “Except as provided in sections 1292(c), 1292(d), and 1295 of this title, appeals from reviewable decisions” for “Appeals from reviewable decisions” in introductory provisions.

Pub. L. 95–598section 160(a) of this titlesection 402(b) of Pub. L. 95–598section 101 of Title 111978— directed the amendment of section by substituting “district, bankruptcy, and territorial” for “district and territorial” and by adding pars. (5) and (6) relating to panels designated under and bankruptcy courts, respectively, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.

Pub. L. 87–189section 1258 of this title1961—Pars. (4), (5). redesignated par. (5) as (4) and repealed former par. (4) which provided that appeals from the Supreme Court of Puerto Rico should be taken to the Court of Appeals for the First Circuit. See .

Pub. L. 86–3section 91 of this title1959—Pars. (4) to (6). redesignated pars. (5) and (6) as (4) and (5), respectively, and repealed former par. (4) which provided that appeals from the Supreme Court of Hawaii should be taken to the Court of Appeals for the Ninth Circuit. See and notes thereunder.

Pub. L. 85–508section 81A of this title1958—Par. (2). redesignated par. (3) as (2) and repealed former par. (2) which provided that appeals from the District Court for the Territory of Alaska or any division thereof should be taken to the Court of Appeals for the Ninth Circuit. See which establishes a United States District Court for the State of Alaska.

Pub. L. 85–508Pars. (3) to (7). redesignated pars. (4) to (7) as (3) to (6), respectively.

Oct. 31, 19511951—Par. (7). Act , added par. (7).

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Pub. L. 97–164Oct. 1, 1982section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1959 Amendment

Pub. L. 86–3section 91 of this titleAug. 25, 1959Aug. 21, 1959Pub. L. 86–3Mar. 18, 195973 Stat. 4section 491 of Title 48Amendment by effective on admission of State of Hawaii into the Union, see note set out under . Admission of Hawaii into the Union was accomplished , on issuance of Proc. No. 3309, , 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of , , , set out as notes preceding , Territories and Insular Possessions.

Effective Date of 1958 Amendment

Pub. L. 85–508Jan. 3, 1959Jan. 3, 1959Pub. L. 85–508section 81A of this titlesection 21 of Title 48Amendment by effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of , see notes set out under and preceding , Territories and Insular Possessions.

Termination of United States District Court for the District of the Canal Zone

Oct. 1, 1979Mar. 31, 1982Pub. L. 96–70, title IISept. 27, 197993 Stat. 493For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of , , , formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.