26 U.S.C. § 7428
Declaratory judgments relating to status and classification of organizations under section 501(c)(3), etc.
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
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- Citation
- 26 U.S.C. § 7428, Declaratory judgments relating to status and classification of organizations under section 501(c)(3), etc, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/464444
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Full text
In a case of actual controversy involving—
a determination by the Secretary—
A pleading may be filed under this section only by the organization the qualification or classification of which is at issue.
A declaratory judgment or decree under this section shall not be issued in any proceeding unless the Tax Court, the Court of Federal Claims, or the district court of the United States for the District of Columbia determines that the organization involved has exhausted administrative remedies available to it within the Internal Revenue Service. An organization requesting the determination of an issue referred to in subsection (a)(1) shall be deemed to have exhausted its administrative remedies with respect to a failure by the Secretary to make a determination with respect to such issue at the expiration of 270 days after the date on which the request for such determination was made if the organization has taken, in a timely manner, all reasonable steps to secure such determination.
If the Secretary sends by certified or registered mail notice of his determination with respect to an issue referred to in subsection (a)(1) to the organization referred to in paragraph (1), no proceeding may be initiated under this section by such organization unless the pleading is filed before the 91st day after the date of such mailing.
No action may be brought under this section with respect to any revocation of status described in section 6033(j)(1).
If—
either—
Paragraph (1) shall apply only—
This subsection shall not apply to any individual who was responsible, in whole or in part, for the activities (or failures to act) on the part of the organization which were the basis for the revocation.
In any action brought under this section in the district court of the United States for the District of Columbia, a subpoena requiring the attendance of a witness at a trial or hearing may be served at any place in the United States.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Tax Reform Act of 1976House: no recorded tallySenate: no recorded tally
- Revenue Act of 1978House: no recorded tallySenate: no recorded tally
- Federal Courts Improvement Act of 1981House: no recorded tallySenate: no recorded tally
- Deficit Reduction Act of 1984House: no recorded tallySenate: no recorded tally
- American Jobs Creation Act of 2004
- Pension Protection Act of 2006
- Consolidated Appropriations Act, 2016
- Consolidated Appropriations Act, 2018House: 256–167Senate: no recorded tally