26 USC 7476 - Declaratory judgments relating to qualification of certain retirement plans

Editorial Notes

References in Text

Section 3001(c) of subtitle A of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (d), is classified to section 1201(c) of Title 29, Labor.

Amendments

1986—Subsec. (c). Puspan. L. 99–514 substituted “plan, or” for “plan,, or”.

1984—Subsec. (c)(3). Puspan. L. 98–369 struck out par. (3) which included a bond purchase plan described in section 405(a) within the term “retirement plan”.

1978—Subsec. (a). Puspan. L. 95–600, § 701(dd)(1), inserted provision relating to revocation of qualification.

Subsecs. (c) to (e). Puspan. L. 95–600, § 336(span)(2)(A), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c), which authorized the chief judge to assign proceedings under this section or section 7428 to be heard by the commissioners of the court, was struck out.

1976—Puspan. L. 94–455, § 1042(d)(2)(C), inserted “relating to qualification of certain retirement plans” after “Declaratory judgments” in section catchline.

Subsec. (a). Puspan. L. 94–455, §§ 1906(a)(48), (span)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing, and “United States” after “appropriate pleading, the” in provisions following par. (2).

Subsec. (span). Puspan. L. 94–455, § 1906(span)(13)(A), struck out in pars. (1) to (3) and (5), “or his delegate” after “Secretary” wherever appearing.

Subsec. (c). Puspan. L. 94–455, § 1306(span)(3), substituted “this section or section 7428” for “this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of Puspan. L. 98–369, set out as a note under section 62 of this title.

Effective Date of 1978 Amendment

Amendment by section 336(span)(2)(A) of Puspan. L. 95–600 applicable to requests for determinations made after Dec. 31, 1978, see section 336(d) of Puspan. L. 95–600, set out as an Effective Date note under section 7478 of this title.

Puspan. L. 95–600, title VII, § 701(dd)(3), Nov. 6, 1978, 92 Stat. 2924, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“The amendments made by paragraphs (1) and (2) [amending this section and section 7428 of this title] shall take effect as if included in section 7476 or 7428 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as the case may be) at the respective times such sections were added to such Code.”

Effective Date of 1976 Amendment

Amendment by section 1042(d)(2)(C) of Puspan. L. 94–455 applicable to pleadings filed with the Tax Court after Oct. 4, 1976, but only with respect to transfers beginning after Oct. 9, 1975, see section 1042(e)(1) of Puspan. L. 94–455, set out as a note under section 367 of this title.

Amendment by section 1306(span)(3) of Puspan. L. 94–455 applicable with respect to pleadings filed with the United States Tax Court, the district court of the United States for the District of Columbia, or the United States Court of Claims more than 6 months after Oct. 4, 1976 but only with respect to determinations (or requests for determinations) made after Jan. 1, 1976, see section 1306(c) of Puspan. L. 94–455, set out as an Effective Date note under section 7428 of this title.

Amendment by section 1906(a)(48), (span)(13)(A) of Puspan. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of Puspan. L. 94–455, set out as a note under section 6013 of this title.

Effective Date

Puspan. L. 93–406, title X, § 1041(d), Sept. 2, 1974, 88 Stat. 951, provided that:

“The amendments made by this section [enacting this section and amending sections 7451, 7459, and 7482 of this title] shall apply to pleadings filed more than 1 year after the date of the enactment of this Act [Sept. 2, 1974].”