Source
(Aug. 16, 1954, ch. 736, 68A Stat. 771; Pub. L. 89–44, title VIII, § 809(d)(4)(B), June 21, 1965, 79 Stat. 168; Pub. L. 91–172, title I, § 101(f)(3), (j)(42), Dec. 30, 1969, 83 Stat. 524, 530; Pub. L. 93–406, title II, § 1016(a)(11), Sept. 2, 1974, 88 Stat. 930; Pub. L. 94–455, title XII, §§ 1204(c)(6),
1206
(a)–(c)(1), title XIII, § 1307(d)(2)(F)(iii), title XVI, § 1605(b)(6), title XIX, §§ 1906(a)(15), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1698, 1703, 1704, 1728, 1755, 1825, 1834; Pub. L. 95–227, § 4(d)(1), (2), Feb. 10, 1978, 92 Stat. 23; Pub. L. 95–600, title V, § 504(b)(2), Nov. 6, 1978, 92 Stat. 2881; Pub. L. 96–223, title I, § 101(f)(1)(D), (E), Apr. 2, 1980, 94 Stat. 252; Pub. L. 96–589, § 6(b)(1), Dec. 24, 1980, 94 Stat. 3407; Pub. L. 96–596, § 2(a)(4)(C), Dec. 24, 1980, 94 Stat. 3472; Pub. L. 97–248, title IV, § 402(c)(2), Sept. 3, 1982, 96 Stat. 667; Pub. L. 98–369, title III, § 305(b)(4), title IV, § 474(r)(34), July 18, 1984, 98 Stat. 784, 845; Pub. L. 99–514, title XVIII, § 1875(d)(2)(B)(i), Oct. 22, 1986, 100 Stat. 2896; Pub. L. 100–203, title X, §§ 10712(c)(1),
10713
(b)(2)(D), Dec. 22, 1987, 101 Stat. 1330–467, 1330–470; Pub. L. 100–418, title I, § 1941(b)(2)(B)(iv), (v), Aug. 23, 1988, 102 Stat. 1323; Pub. L. 100–647, title I, § 1015(r)(3), title VI, § 6243(a), Nov. 10, 1988, 102 Stat. 3573, 3749; Pub. L. 101–239, title VII, § 7811(k)(1), Dec. 19, 1989, 103 Stat. 2412; Pub. L. 104–168, title XIII, § 1311(c)(3), July 30, 1996, 110 Stat. 1478; Pub. L. 104–188, title I, § 1615(c), Aug. 20, 1996, 110 Stat. 1853; Pub. L. 104–193, title IV, § 451(c), Aug. 22, 1996, 110 Stat. 2277; Pub. L. 105–34, title I, § 101(d)(2), title II, § 201(b), title X, § 1085(a)(3), Aug. 5, 1997, 111 Stat. 799, 803, 956; Pub. L. 105–206, title III, §§ 3463(b),
3464
(a), title VI, § 6010(p)(3), July 22, 1998, 112 Stat. 767, 817; Pub. L. 105–277, div. J, title III, § 3003(a), (b), Oct. 21, 1998, 112 Stat. 2681–905; Pub. L. 107–16, title III, § 303(g), June 7, 2001, 115 Stat. 56.)
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
References in Text
Section 453(h) of the Social Security Act, referred to in subsec. (g)(2)(M), is classified to section
653
(h) of Title
42, The Public Health and Welfare.
Amendments
2001—Subsec. (g)(2)(M).
Pub. L. 107–16, §§ 303(g),
901, temporarily added subpar. (M). See Effective and Termination Dates of 2001 Amendment note below.
1998—Subsec. (a).
Pub. L. 105–206, § 3464(a), substituted “, including the Tax Court, and a refund may be ordered by such court of any amount collected within the period during which the Secretary is prohibited from collecting by levy or through a proceeding in court under the provisions of this subsection.” for “, including the Tax Court.” and “to enjoin any action or proceeding or order any refund” for “to enjoin any action or proceeding”.
Pub. L. 105–206, § 3463(b), inserted at end “Any petition filed with the Tax Court on or before the last date specified for filing such petition by the Secretary in the notice of deficiency shall be treated as timely filed.”
Subsec. (g)(2).
Pub. L. 105–277, § 3003(a), inserted concluding provisions.
Subsec. (g)(2)(K).
Pub. L. 105–206, § 6010(p)(3), amended
Pub. L. 105–34, § 1085(a)(3). See 1997 Amendment note below.
Subsec. (g)(2)(L).
Pub. L. 105–277, § 3003(b), added subpar. (L).
1997—Subsec. (g)(2)(I).
Pub. L. 105–34, § 101(d)(2), added subpar. (I).
Subsec. (g)(2)(J).
Pub. L. 105–34, § 201(b), added subpar. (J).
Subsec. (g)(2)(K).
Pub. L. 105–34, § 1085(a)(3), as amended by
Pub. L. 105–206, § 6010(p)(3), added subpar. (K).
1996—Subsec. (e).
Pub. L. 104–168 inserted “4958 (relating to private excess benefit),” before “4971”.
Subsec. (g)(2)(F), (G).
Pub. L. 104–193 added subpars. (F) and (G).
Subsec. (g)(2)(H).
Pub. L. 104–188 added subpar. (H).
1989—Subsec. (h)(3), (4).
Pub. L. 101–239 made technical correction to directory language of
Pub. L. 100–647, § 1015(r)(3), see 1988 Amendment note below.
1988—Subsec. (a).
Pub. L. 100–647, § 6243(a), substituted for period at end “, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action or proceeding under this subsection unless a timely petition for a redetermination of the deficiency has been filed and then only in respect of the deficiency that is the subject of such petition.”
Pub. L. 100–418, § 1941(b)(2)(B)(iv), substituted “or 44” for “44, or 45”.
Subsec. (g)(1), (2)(E).
Pub. L. 100–418, § 1941(b)(2)(B)(v), substituted “or 44” for “44, or 45”.
Subsec. (h)(3), (4).
Pub. L. 100–647, § 1015(r)(3), as amended by
Pub. L. 101–239, redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “For assessment as if a mathematical error on the return, in the case of erroneous claims for credits under section
32 or
34, see section
6201
(a)(4).”
1987—Subsec. (a).
Pub. L. 100–203, § 10713(b)(2)(D), inserted reference to section
6852.
Subsec. (e).
Pub. L. 100–203, § 10712(c)(1), inserted “4955 (relating to taxes on political expenditures),”.
1986—Subsec. (h)(4).
Pub. L. 99–514 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “For provision that this subchapter shall not apply in the case of computational adjustments attributable to partnership items, see section
6230
(a).”
1984—Subsec. (e).
Pub. L. 98–369, § 305(b)(4), substituted “section
4963
(e)” for “section
4962
(e)”.
Subsec. (h)(3).
Pub. L. 98–369, § 474(r)(34), substituted “section
32 or
34” for “section
39”.
1982—Subsec. (h)(4).
Pub. L. 97–248 added par. (4).
1980—Subsec. (a).
Pub. L. 96–223, § 101(f)(1)(D), inserted reference to chapter 45.
Subsec. (f).
Pub. L. 96–589 added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (f)(1), (2)(E).
Pub. L. 96–223, § 101(f)(1)(E), inserted reference to chapter 45.
Subsecs. (g), (h).
Pub. L. 96–589 redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
1978—Subsec. (b)(3).
Pub. L. 95–600 inserted “or refund” after “carryback” in heading, and “or the amount described in section
1341
(b)(1)” after “carryback” in text.
Subsec. (e).
Pub. L. 95–227, § 4(d)(1), inserted provisions relating to sections
4951 and
4952 of this title, and substituted “4975(f)(6)” for “4975(f)(4)”.
Subsec. (f).
Pub. L. 95–227, § 4(d)(2), inserted references to chapters 41 and 44.
1976—Subsec. (a).
Pub. L. 94–455, §§ 1204(c)(6),
1307
(d)(2)(F)(iii),
1605
(b)(6),
1906
(a)(15), inserted “section
6851 or” before “section
6861” and references to chapter 41 and chapter 44 and substituted “United States” for “States of the Union and the District of Columbia”.
Subsec. (b)(1).
Pub. L. 94–455, § 1206(a)(2), substituted in heading “Assessments arising out of mathematical or clerical errors” for “Mathematical errors” and in text inserted “or clerical” after “mathematical” in two places and inserted provision that each notice under this paragraph shall set forth the error alleged and an explanation thereof.
Subsec. (b)(2).
Pub. L. 94–455, § 1206(a)(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3).
Pub. L. 94–455, §§ 1206(a)(1), (c)(1),
1906
(b)(13)(A), redesignated former par. (2) as (3), and as so redesignated, struck out “or his delegate” after “Secretary” and inserted “without regard to the provisions of paragraph (2)” after “he may assess” and “or clerical” after “mathematical”. Former par. (3) redesignated (4).
Subsec. (b)(4).
Pub. L. 94–455, § 1206(a)(1), redesignated former par. (3) as (4).
Subsecs. (c) to (e).
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsecs. (f), (g).
Pub. L. 94–455, § 1206(b), added subsec. (f) and redesignated former subsec. (f) as (g).
1974—Subsec. (a).
Pub. L. 93–406, § 1016(a)(11)(A), inserted reference to tax imposed by chapter 43.
Subsec. (e).
Pub. L. 93–406, § 1016(a)(11)(B)–(D), substituted “excise taxes” for “chapter 42 taxes” in heading, and in text substituted “4945 (relating to taxes on taxable expenditures), 4971 (relating to excise taxes on failure to meet minimum funding standard), 4975 (relating to excise tax on prohibited transactions)” for “or 4945 (relating to taxes on taxable expenditures)” and “, 4945(i)(2), 4971(c)(3), or 4975(f)(4)” for “or 4945(h)(2)”.
1969—Subsec. (a).
Pub. L. 91–172, § 101(j)(42), inserted reference to chapter 42.
Subsecs. (e), (f).
Pub. L. 91–172, § 101(f)(3), added subsec. (e) and redesignated former subsec. (e) as (f).
1965—Subsec. (e)(3).
Pub. L. 89–44 added par. (3).
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 effective Jan. 1, 2004, see section 303(i) of
Pub. L. 107–16, set out as a note under section
32 of this title.
Amendment by
Pub. L. 107–16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1998 Amendments
Pub. L. 105–277, div. J, title III, § 3003(c), Oct. 21, 1998,
112 Stat. 2681–905, provided that: “The amendments made by this section [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Oct. 21, 1998].”
Pub. L. 105–206, title III, § 3463(c), July 22, 1998,
112 Stat. 767, provided that: “Subsection (a) and the amendment made by subsection (b) [amending this section and enacting provisions set out as a note under section
6212 of this title] shall apply to notices mailed after December 31, 1998.”
Pub. L. 105–206, title III, § 3464(d), July 22, 1998,
112 Stat. 767, provided that: “The amendments made by this section [amending this section and section
6512 of this title] shall take effect on the date of the enactment of this Act [July 22, 1998].”
Amendment by section 6010(p)(3) of
Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997,
Pub. L. 105–34, to which such amendment relates, see section 6024 of
Pub. L. 105–206, set out as a note under section
1 of this title.
Effective Date of 1997 Amendment
Amendment by section 101(d)(2) of
Pub. L. 105–34 applicable to taxable years beginning after Dec. 31, 1997, see section 101(e) of
Pub. L. 105–34, set out as an Effective Date note under section
24 of this title.
Amendment by section 201(b) of
Pub. L. 105–34 applicable to expenses paid after Dec. 31, 1997 (in taxable years ending after such date), for education furnished in academic periods beginning after such date, see section 201(f) of
Pub. L. 105–34, set out as an Effective Date note under section
25A of this title.
Amendment by section 1085(a)(3) of
Pub. L. 105–34 applicable to taxable years beginning after Dec. 31, 1996, see section 1085(e)(1) of
Pub. L. 105–34, set out as a note under section
32 of this title.
Effective Date of 1996 Amendments
Amendment by
Pub. L. 104–193 applicable with respect to returns the due date for which (without regard to extensions) is more than 30 days after Aug. 22, 1996, see section 451(d) of
Pub. L. 104–193, set out as a note under section
32 of this title.
Amendment by
Pub. L. 104–188 applicable with respect to returns the due date for which, without regard to extensions, is on or after the 30th day after Aug. 20, 1996, with special rule for 1995 and 1996, see section 1615(d) of
Pub. L. 104–188, set out as a note under section
21 of this title.
Amendment by
Pub. L. 104–168 applicable to excess benefit transactions occurring on or after Sept. 14, 1995, and not applicable to any benefit arising from a transaction pursuant to any written contract which was binding on Sept. 13, 1995, and at all times thereafter before such transaction occurred, see section 1311(d)(1), (2) of
Pub. L. 104–168, set out as a note under section
4955 of this title.
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988,
Pub. L. 100–647, to which such amendment relates, see section 7817 of
Pub. L. 101–239, set out as a note under section
1 of this title.
Effective Date of 1988 Amendments
Amendment by section 1015(r)(3) of
Pub. L. 100–647 applicable to notices of deficiencies mailed after Nov. 10, 1988, see section 1015(r)(4) of
Pub. L. 100–647, set out as a note under section
6201 of this title.
Section 6243(c) of
Pub. L. 100–647 provided that: “The amendments made by this section [amending this section and section
7482 of this title] shall apply to orders entered after the date of the enactment of this Act [Nov. 10, 1988].”
Amendment by
Pub. L. 100–418 applicable to crude oil removed from premises on or after Aug. 23, 1988, see section 1941(c) of
Pub. L. 100–418, set out as a note under section
164 of this title.
Effective Date of 1987 Amendment
Amendment by section 10712(c)(1) of
Pub. L. 100–203 applicable to taxable years beginning after Dec. 22, 1987, see section 10712(d) of
Pub. L. 100–203, set out as an Effective Date note under section
4955 of this title.
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–514 effective as if included in the Tax Equity and Fiscal Responsibility Act of 1982,
Pub. L. 97–248, see section 1875(d)(2)(C) of
Pub. L. 99–514, set out as a note under section
6230 of this title.
Effective Date of 1984 Amendment
Amendment by section 305(b)(4) of
Pub. L. 98–369 applicable to taxable events occurring after Dec. 31, 1984, see section 305(c) of
Pub. L. 98–369, set out as an Effective Date note under section
4962 of this title.
Amendment by section 474(r)(34) of
Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of
Pub. L. 98–369, set out as a note under section
21 of this title.
Effective Date of 1982 Amendment
Amendment by
Pub. 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
Pub. L. 97–248, set out as an Effective Date note under section
6221 of this title.
Effective Date of 1980 Amendments
For effective date of amendment by
Pub. L. 96–596 with respect to any first tier tax and to any second tier tax, see section 2(d) of
Pub. L. 96–596, set out as an Effective Date note under section
4961 of this title.
Amendment by
Pub. L. 96–589 effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of
Pub. L. 96–589, set out as a note under section
108 of this title.
Amendment by
Pub. L. 96–223 applicable to periods after Feb. 29, 1980, see section 101(i) of
Pub. L. 96–223, set out as a note under section
6161 of this title.
Effective Date of 1978 Amendments
Amendment by
Pub. L. 95–600 applicable to tentative refund claims filed on and after Nov. 6, 1978, see section 504(c) of
Pub. L. 95–600, set out as a note under section
6411 of this title.
Amendment by
Pub. L. 95–227 applicable with respect to contributions, acts, and expenditures made after Dec. 31, 1977, in and for taxable years beginning after such date, see section 4(f) of
Pub. L. 95–227, set out as an Effective Date note under section
192 of this title.
Effective Date of 1976 Amendment
Amendment by section 1204(c)(6) of
Pub. L. 94–455 applicable with respect to action taken under section
6851,
6861, or
6862 of this title where the notice and demand takes place after Feb. 28, 1977, see section 1204(d) of
Pub. L. 94–455, as amended, set out as a note under section
6851 of this title.
Section 1206(d) of
Pub. L. 94–455, as amended by
Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095, provided that: “The amendments made by this section [amending this section and sections
6201 and
6212 of this title] shall apply with respect to returns (within the meaning of section 6213(f)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) filed after December 31, 1976.”
Amendment by section 1307(d)(2)(F)(iii) of
Pub. L. 94–455 effective on and after Oct. 4, 1976, see section 1307(e)(6) of
Pub. L. 94–455, set out as a note under section
501 of this title.
For effective date of amendment by section 1605(b)(6) of
Pub. L. 94–455, see section 1608(d) of
Pub. L. 94–455, set out as a note under section
856 of this title.
Amendment by section 1906(a)(15), (b)(13)(A) of
Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of
Pub. L. 94–455, set out as a note under section
6013 of this title.
Effective Date of 1974 Amendment
Amendment by
Pub. L. 93–406 applicable, except as otherwise provided in section 1017(c) through (i) of
Pub. L. 93–406, for plan years beginning after Sept. 2, 1974, but, in the case of plans in existence on Jan. 1, 1974, amendment by
Pub. L. 93–406 applicable for plan years beginning after Dec. 31, 1975, see section 1017 of
Pub. L. 93–406, set out as an Effective Date; Transitional Rules note under section
410 of this title.
Effective Date of 1969 Amendment
Amendment by
Pub. L. 91–172 effective Jan. 1, 1970, see section 101(k)(1) of
Pub. L. 91–172, set out as an Effective Date note under section
4940 of this title.
Effective Date of 1965 Amendment
Amendment by
Pub. L. 89–44 applicable to taxable years beginning on or after July 1, 1965, see section 809(f) of
Pub. L. 89–44, set out as a note under section
6420 of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of
Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.