The department may take appropriate action in order to obtain a determination from the Internal Revenue Service or the Federal courts as to whether contributions made pursuant to a Tuition Account Program Contract, the increase in value of such contributions and payment of qualified higher education expenses pursuant to a Tuition Account Program Contract shall be a transaction which will subject account owners or the income of either or both of the funds to Federal taxation and may respond to such determination in any manner permitted under this chapter.
24 P.S. § 6901.317