Source
(Added Pub. L. 105–206, title III, § 3401(b), July 22, 1998, 112 Stat. 747; amended Pub. L. 106–554, § 1(a)(7) [title III, § 313(b)(2)(A), (d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–642, 2763A–643; Pub. L. 109–280, title VIII, § 855(a), Aug. 17, 2006, 120 Stat. 1019; Pub. L. 109–432, div. A, title IV, § 407(b), Dec. 20, 2006, 120 Stat. 2961.)
Amendments
2006—Subsec. (b)(1).
Pub. L. 109–432, § 407(b)(3), substituted “in writing under subsection (a)(3)(B) and states the grounds for the requested hearing” for “under subsection (a)(3)(B)”.
Subsec. (c)(4)(A), (B).
Pub. L. 109–432, § 407(b)(2), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), in cl. (ii) substituted “; or” for period at end, and added subpar. (B).
Subsec. (d)(1).
Pub. L. 109–280, § 855(a), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The person may, within 30 days of a determination under this section, appeal such determination—
“(A) to the Tax Court (and the Tax Court shall have jurisdiction with respect to such matter); or
“(B) if the Tax Court does not have jurisdiction of the underlying tax liability, to a district court of the United States.
If a court determines that the appeal was to an incorrect court, a person shall have 30 days after the court determination to file such appeal with the correct court.”
Subsec. (g).
Pub. L. 109–432, § 407(b)(1), added subsec. (g).
2000—Subsec. (d)(1)(A).
Pub. L. 106–554, § 1(a)(7) [title III, § 313(d)], substituted “with respect to” for “to hear”.
Subsec. (e)(1).
Pub. L. 106–554, § 1(a)(7) [title III, § 313(b)(2)(A)], inserted at end “Notwithstanding the provisions of section
7421
(a), the beginning of a levy or proceeding during the time the suspension under this paragraph is in force may be enjoined by a proceeding in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction under this paragraph to enjoin any action or proceeding unless a timely appeal has been filed under subsection (d)(1) and then only in respect of the unpaid tax or proposed levy to which the determination being appealed relates.”
Effective Date of 2006 Amendment
Amendment by
Pub. L. 109–432 applicable to submissions made and issues raised after the date on which the Secretary first prescribes a list under section
6702
(c) of this title, see section 407(f) of
Pub. L. 109–432, set out as a note under section
6320 of this title.
Pub. L. 109–280, title VIII, § 855(b), Aug. 17, 2006,
120 Stat. 1019, provided that: “The amendment made by this section [amending this section] shall apply to determinations made after the date which is 60 days after the date of the enactment of this Act [Aug. 17, 2006].”
Effective Date of 2000 Amendment
Amendment by section
1
(a)(7) [title III, § 313(b)(2)(A)] of
Pub. L. 106–554 effective Dec. 21, 2000, and amendment by section
1
(a)(7) [title III, § 313(d)] of
Pub. L. 106–554, effective as if included in the provisions of the Internal Revenue Service Restructuring and Reform Act of 1998,
Pub. L. 105–206, to which such amendment relates, see section
1
(a)(7) [title III, § 313(f)] of
Pub. L. 106–554, set out as a note under section
6015 of this title.
Effective Date
Section applicable to collection actions initiated after the date which is 180 days after July 22, 1998, see section 3401(d) of
Pub. L. 105–206, set out as a note under section
6320 of this title.