US Codex
U.S.C.
Notes

§7476. Declaratory judgments relating to qualification of certain retirement plans — Inbound Citations

26 U.S.C. § 7476

Cited by 4 provisions in release 119-102.

Citations to 26 U.S.C. § 7476 as a whole

  • (1) Except as otherwise provided in paragraphs (2) and (3), such decisions may be reviewed by the United States court of appeals for the circuit in which is located—
    (A) in the case of a petitioner seeking redetermination of tax liability other than a corporation, the legal residence of the petitioner,
    (B) in the case of a corporation seeking redetermination of tax liability, the principal place of business or principal office or agency of the corporation, or, if it has no principal place of business or principal office or agency in any judicial circuit, then the office to which was made the return of the tax in respect of which the liability arises,
    (C) in the case of a person seeking a declaratory decision under section 7476, the principal place of business, or principal office or agency of the employer,
    (D) in the case of an organization seeking a declaratory decision under section 7428, the principal office or agency of the organization,
    (E) in the case of a petition under section 6234, the principal place of business of the partnership,
    (F) in the case of a petition under section 6015(e), the legal residence of the petitioner, or
    (G) in the case of a petition under section 6320 or 6330
    (i) the legal residence of the petitioner if the petitioner is an individual, and
    (ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual.
    If for any reason no subparagraph of the preceding sentence applies, then such decisions may be reviewed by the Court of Appeals for the District of Columbia. For purposes of this paragraph, the legal residence, principal place of business, or principal office or agency referred to herein shall be determined as of the time the petition seeking redetermination of tax liability was filed with the Tax Court or as of the time the petition seeking a declaratory decision under section 7428 or 7476, or the petition under section 6234, was filed with the Tax Court.
  • (C) in the case of a person seeking a declaratory decision under section 7476, the principal place of business, or principal office or agency of the employer,
  • (c) The Pension Benefit Guaranty Corporation and, upon petition of a group of employees referred to in subsection (b)(2), the Secretary of Labor, may intervene in any action brought for declaratory judgment under section 7476 of title 26 in accordance with the provisions of such section. The Pension Benefit Guaranty Corporation is permitted to bring an action under such section 7476 under such rules as may be prescribed by the United States Tax Court.

Citations to §7476(b)(1)

  • (a) Before issuing an advance determination of whether a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of title 26, the Secretary of the Treasury shall require the person applying for the determination to provide, in addition to any material and information necessary for such determination, such other material and information as may reasonably be made available at the time such application is made as the Secretary of Labor may require under subchapter I of this chapter for the administration of that subchapter. The Secretary of the Treasury shall also require that the applicant provide evidence satisfactory to the Secretary that the applicant has notified each employee who qualifies as an interested party (within the meaning of regulations prescribed under section 7476(b)(1) of title 26 (relating to declaratory judgments in connection with the qualification of certain retirement plans)) of the application for a determination.