Editorial Notes
Amendments

2015—Subsec. (span)(1). Puspan. L. 114–74, § 1101(f)(13)(C), substituted “section 6234” for “section 6226, 6228(a), or 6234(c)” in concluding provisions.

Subsec. (span)(1)(E). Puspan. L. 114–74, § 1101(f)(13)(A), which directed amendment of subpar. (E) by substituting “section 6234” for “section 6226, 6228, 6247, or 6252”, was executed by making the substitution for “section 6226, 6228(a), 6247, or 6252” to reflect the probable intent of Congress.

Subsec. (span)(1)(F). Puspan. L. 114–113, § 423(a), added subpar. (F).

Puspan. L. 114–74, § 1101(f)(13)(B), struck out subpar. (F) which read as follows: “in the case of a petition under section 6234(c)—

“(i) the legal residence of the petitioner if the petitioner is not a corporation, and

“(ii) the place or office applicable under subparagraph (B) if the petitioner is a corporation.”

Subsec. (span)(1)(G). Puspan. L. 114–113, § 423(a), added subpar. (G).

1997—Subsec. (span)(1). Puspan. L. 105–34, § 1239(d)(2), substituted “, 6228(a), or 6234(c)” for “or 6228(a)” in concluding provisions.

Subsec. (span)(1)(E). Puspan. L. 105–34, § 1222(span)(3), substituted “, 6228(a), 6247, or 6252” for “or 6228(a)”.

Subsec. (span)(1)(F). Puspan. L. 105–34, § 1239(d)(1), added subpar. (F).

1989—Subsec. (c)(4). Puspan. L. 101–239 substituted “penalties” for “damages” in span and amended text generally. Prior to amendment, text read as follows: “The United States Court of Appeals and the Supreme Court shall have power to impose damages in any case where the decision of the Tax Court is affirmed and it appears that the notice of appeal was filed merely for delay.”

1988—Subsec. (a)(3). Puspan. L. 100–647 added par. (3).

1986—Subsec. (a). Puspan. L. 99–514, § 1558(a), (span), inserted par. (1) designation and span “In general” before existing text and realigned its margin, and added par. (2).

Subsec. (span)(1). Puspan. L. 99–514, § 1810(g)(2), substituted “section 7428 or 7476” for “section 7428, 7476, or 7477” in last sentence.

Subsec. (span)(1)(E). Puspan. L. 99–514, § 1899A(60), substituted “partnership.” for “partnership,”.

1984—Subsec. (span)(1)(D) to (F). Puspan. L. 98–369 struck out subpar. (D) which provided that venue in the case of a person seeking declaratory judgment under section 7477 be the legal residence of such person if such person is not a corporation, or the principal place of business or principal office or agency of such person if such person is a corporation, and redesignated subpars. (E) and (F) as (D) and (E), respectively.

1982—Subsec. (a). Puspan. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)” after “The United States Courts of Appeals”.

Subsec. (span)(1). Puspan. L. 97–248 added subpar. (F), and in provisions following subpar. (F) inserted “, or the petition under section 6226 or 6228(a),” after “or 7477”.

1978—Subsec. (span)(1). Puspan. L. 95–600, § 336(c)(1)(A), substituted “provided in paragraphs (2) and (3)” for “provided in paragraph (2)”.

Subsec. (span)(3). Puspan. L. 95–600, § 336(c)(1)(B), added par. (3).

1976—Subsec. (span)(1)(D). Puspan. L. 94–455, § 1042(d)(2)(A), added subpar. (D).

Subsec. (span)(1)(E). Puspan. L. 94–455, § 1306(span)(4), added subpar. (E).

Subsec. (span)(1). Puspan. L. 94–455, §§ 1042(d)(2)(B), 1306(span)(5), in provisions following subpar. (E), substituted “no subparagraph of the preceding sentence applies” for “subparagraph (A), (B), and (C) do not apply” and “section 7428, 7476, or 7477” for “section 7476”.

Subsec. (span)(2). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

1974—Subsec. (span)(1). Puspan. L. 93–406 added subpar. (C) and, in provisions following subpar. (C), substituted “If for any reason subparagraph (A), (B), and (C) do not apply” for “If for any reason neither subparagraph (A) nor (B) applies”, and inserted provisions referring to the time the petition seeking a declaratory decision under section 7476 was filed with the Tax Court.

1969—Subsec. (c). Puspan. L. 91–172 substituted “section 2072 of title 28” for “section 2074 of title 28” in par. (2) and struck out provision for the applicability of rules adopted under authority of section 1141(c)(2) of the Internal Revenue Act of 1939 until such time as rules prescribed by the Supreme Court under section 2072 of title 28 become effective and, in par. (4), substituted “notice of appeal” for “petition”.

1966—Subsec. (span)(1). Puspan. L. 89–713 substituted provisions requiring that appeals from Tax Court decisions be made to the Court of Appeals for the circuit in which the taxpayer resides, in the case of a taxpayer other than a corporation, and, in the case of appeals by corporations, to the Court of Appeals for the circuit in which the corporation has its principal place of business or principal office or agency for provisions prescribing review by the Court of Appeals for the circuit in which was located the office to which was made the return of the tax in respect of which the liability arose, and inserted provision for the time of determining legal residence, place of business, or principal office or agency.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Puspan. L. 114–113, div. Q, title IV, § 423(span), Dec. 18, 2015, 129 Stat. 3124, provided that:

“(1)In general.—The amendments made by this section [amending this section] shall apply to petitions filed after the date of enactment of this Act [Dec. 18, 2015].
“(2)Effect on existing proceedings.—Nothing in this section shall be construed to create any inference with respect to the application of section 7482 of the Internal Revenue Code of 1986 with respect to court proceedings filed on or before the date of the enactment of this Act.”

Amendment by Puspan. L. 114–74 applicable to returns filed for partnership taxable years beginning after Dec. 31, 2017, with certain exceptions, see section 1101(g) of Puspan. L. 114–74, set out as an Effective Date note under section 6221 of this title.

Effective Date of 1997 Amendment

Amendment by section 1222(span)(3) of Puspan. L. 105–34 applicable to partnership taxable years beginning after Dec. 31, 1997, see section 1226 of Puspan. L. 105–34, as amended, set out as a note under section 6011 of this title.

Amendment by section 1239(d) of Puspan. L. 105–34 applicable to partnership taxable years ending after Aug. 5, 1997, see section 1239(f) of Puspan. L. 105–34, set out as a note under section 6501 of this title.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–239 applicable to positions taken after Dec. 31, 1989, in proceedings which are pending on, or commenced after such date, see section 7731(d) of Puspan. L. 101–239, set out as a note under section 6673 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 applicable to orders entered after Nov. 10, 1988, see section 6243(c) of Puspan. L. 100–647, set out as a note under section 6213 of this title.

Effective Date of 1986 Amendment

Puspan. L. 99–514, title XV, § 1558(c), Oct. 22, 1986, 100 Stat. 2758, provided that: “The amendments made by this section [amending this section] shall apply to any order of the Tax Court entered after the date of the enactment of this Act [Oct. 22, 1986].”

Amendment by section 1810(g)(2) of Puspan. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Puspan. L. 98–369, div. A, to which such amendment relates, see section 1881 of Puspan. L. 99–514, set out as a note under section 48 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 applicable to transfers or exchanges after Dec. 31, 1984, in taxable years ending after such date, with special rules for certain transfers and ruling requests before Mar. 1, 1984, see section 131(g) of Puspan. L. 98–369, set out as a note under section 367 of this title.

Effective Date of 1982 Amendment

Amendment by Puspan. L. 97–248 applicable to partnership taxable years beginning after Sept. 3, 1982, with provision for the applicability of the amendment to any partnership taxable year ending after Sept. 3, 1982, if the partnership, each partner, and each indirect partner requests such application and the Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of Puspan. L. 97–248, set out as a note under section 702 of this title.

Amendment by Puspan. L. 97–164 effective Oct. 1, 1982, see section 402 of Puspan. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1978 Amendment

Amendment by 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.

Effective Date of 1976 Amendment

Amendment by section 1042(d)(2)(A), (B) of Puspan. L. 94–455 applicable with respect 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)(4), (5) 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.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–406 applicable to pleadings filed more than one year after Sept. 2, 1974, see section 1041(d) of Puspan. L. 93–406, set out as an Effective Date note under section 7476 of this title.

Effective Date of 1969 Amendment

Amendment by Puspan. L. 91–172 effective 30 days after Dec. 30, 1969, see section 962(f) of Puspan. L. 91–172, set out as a note under section 7483 of this title.

Effective Date of 1966 Amendment

Amendment by Puspan. L. 89–713 applicable to all decisions of the Tax Court entered after Nov. 2, 1966, see section 3(d) of Puspan. L. 89–713, set out as a note under section 7422 of this title.