26 USC § 7478 - Declaratory judgments relating to status of certain governmental obligations

---
identifier: "/us/usc/t26/s7478"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 7478 - Declaratory judgments relating to status of certain governmental obligations"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "7478"
section_name: "Declaratory judgments relating to status of certain governmental obligations"
chapter_number: 76
chapter_name: "JUDICIAL PROCEEDINGS"
subchapter_number: "C"
subchapter_name: "The Tax Court"
part_number: "IV"
part_name: "DECLARATORY JUDGMENTS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 95–600, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2841; amended Pub. L. 100–647, title I, § 1013(a)(42), Nov. 10, 1988, 102 Stat. 3544.)"
---


# § 7478. Declaratory judgments relating to status of certain governmental obligations

**(a)** **Creation of remedy** In a case of actual controversy involving—

upon the filing of an appropriate pleading, the Tax Court may make a declaration whether interest on such prospective obligations will be excludable from gross income under section 103(a). Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such.

**(1)** a determination by the Secretary whether interest on prospective obligations will be excludable from gross income under section 103(a), or

**(2)** a failure by the Secretary to make a determination with respect to any matter referred to in paragraph (1),

**(b)** **Limitations**

**(1)** **Petitioner** A pleading may be filed under this section only by the prospective issuer.

**(2)** **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. A petitioner shall be deemed to have exhausted its administrative remedies with respect to a failure of the Secretary to make a determination with respect to an issue of obligations at the expiration of 180 days after the date on which the request for such determination was made if the petitioner has taken, in a timely manner, all reasonable steps to secure such determination.

**(3)** **Time for bringing action** If the Secretary sends by certified or registered mail notice of his determination as described in subsection (a)(1) 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.

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**Source Credit**: (Added Pub. L. 95–600, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2841; amended Pub. L. 100–647, title I, § 1013(a)(42), Nov. 10, 1988, 102 Stat. 3544.)

## Editorial Notes

### Amendments

1988—Subsec. (a).  substituted “whether interest on prospective obligations will be excludable from gross income under section 103(a)” for “whether prospective obligations are described in section 103(a)” in par. (1) and “whether interest on such prospective obligations will be excludable from gross income under section 103(a)” for “whether such prospective obligations are described in section 103(a)” in concluding provisions.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by  effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

### Effective Date

> “The amendments made by this section [enacting this section and amending sections 7456, 7476, 7477, and 7482 of this title] shall apply to requests for determinations made after
> 
> .”

, , , provided that: