Page:United States Statutes at Large Volume 111 Part 1.djvu/878

 Ill STAT. 854 PUBLIC LAW 105-34—AUG. 5, 1997 to a member of the family of such spouse or descendant on a net cash basis. For purposes of the preceding sentence, a legally adopted child of an individual shall be treated as the child of such individual by blood. ", (b) CONFORMING AMENDMENT.— Section 2032A(b)(5)(A) is amended by striking the last sentence. 26 USC 2032A (c) EFFECTIVE DATE.— The amendments made by this section note. shall apply with respect to leases entered into after December 31, 1976. SEC. 505. CLARIFICATION OF JUDICIAL REVIEW OF ELIGIBILITY FOR EXTENSION OF TIME FOR PAYMENT OF ESTATE TAX. (a) IN GENERAL. — Part IV of subchapter C of chapter 76 of the Internal Revenue Code of 1986 (relating to declaratory judgments) is amended by adding at the end the following new section: " SEC. 7479. DECLARATORY JUDGMENTS RELATING TO ELIGIBILITY OF ESTATE WITH RESPECT TO INSTALLMENT PAYMENTS UNDER SECTION 6166. "(a) CREATION OF REMEDY.—In a case of actual controversy involving a determination by the Secretary of (or a failure by the Secretary to make a determination with respect to)— "(1) whether an election may be made under section 6166 (relating to extension of time for pa3anent of estate tax where estate consists largely of interest in closely held business) with respect to an estate, or "(2) whether the extension of time for payment of tax provided in section 6166(a) has ceased to apply with respect to an estate, upon the filing of an appropriate pleading, the Tax Court may make a declaration with respect to whether such election may be made or whether such extension has ceased to apply. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. " (b) LIMITATIONS.— "(1) PETITIONER. —^A pleading may be filed under this section, with respect to any estate, only— "(A) by the executor of such estate, or "(B) by any person who has assumed an obligation to make pa3Tiients under section 6166 with respect to such estate (but only if each other such person is joined as a party). "(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 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.—I f the Secretary sends by certified or registered mail notice of his determination as described in subsection (a) 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.".

�