- 9 - delegate sends notice to a person of his determination * * * as to the qualification of the plan." H. Rept. 93-807, supra at 109, C.B. (Supp.) at 344. When the bill went to the Senate, the Senate changed the House language to read in relevant part as follows: (b) Time for bringing action.-- (1) 90-DAY PERIOD.--* * * an action for declaratory judgment under this part must be commenced within 90 days after the date on which the Secretary or his delegate sends by certified or registered mail his determination with respect to the qualification of the plan to the person requesting such determination. [H.R. 2, 93d Cong., 1st Sess. sec. 601(a) (1974).] The report of the Senate Finance Committee stated in relevant part: the petition to the Tax Court for a declaratory judgment must be filed within 90 days after the date on which the Commissioner sends by certified or registered mail his final determination in response to an employer or trustee's request for a determination. * * * [S. Rept. 93-383 (accompanying S. 1179), at 116 (1973), 1974-3 C.B. (Supp.) 80, 195.] The bill was altered in conference, so that instead of a 90-day filing period, section 7476(b)(5) requires that a petition be filed "before the ninety-first day after the day after such notice is mailed". (Emphasis added.) The conference report does not explain the change to this 91-day period. See H. Conf. Rept. 93-1280, at 331-332 (1974), 1974-3 C.B. 415, 492-493. In the absence of such an explanation, we do not know why the statute as enacted contains language different from that in the House andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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