Title 7, AgricultureRelease 119-110
§623 Actions Relating to Tax; Legalization of Prior Taxes
Title 7 › CHAPTER 26 — AGRICULTURAL ADJUSTMENT › SUBCHAPTER III — COMMODITY BENEFITS › § 623
Summary
Courts may not be used to stop or delay the IRS from assessing or collecting any tax, penalty, or interest under this law for taxes on or after August 24, 1935. You also cannot ask for a declaratory judgment under 28 U.S.C. 2201 or 2202 about those taxes, penalties, or interest. In probate, administration, receivership, or similar cases, the United States’ claim for the tax as assessed by the Commissioner of Internal Revenue must be allowed and paid. The court can, however, preserve the taxpayer’s right to seek a refund or credit under the law, including subsection (d). Taxes, penalties, interest, rental and benefit payments, producer agreements, programs, and voluntary methods put in place under proclamations, certificates, or regulations before August 24, 1935 are confirmed as valid. Any such taxes that had accrued but were unpaid on that date must be handled under section 619 and related rules. Nothing here makes those earlier official actions illegal.
Full Legal Text
Title 7, §623
Agriculture, Source: USLM XML via OLRC
(a)Action to restrain collection of tax or obtain declaratory judgment forbidden
No suit, action, or proceeding (including probate, administration, and receivership proceedings) shall be brought or maintained in any court if such suit, action, or proceeding is for the purpose or has the effect (1) of preventing or restraining the assessment or collection of any tax imposed or the amount of any penalty or interest accrued under this chapter on or after August 24, 1935, or (2) of obtaining a declaratory judgment under section 2201 and 2202 of title 28 in connection with any such tax or such amount of any such interest or penalty. In probate, administration, receivership, or other similar proceedings, the claim of the United States for any such tax or such amount of any such interest or penalty, in the amount assessed by the Commissioner of Internal Revenue, shall be allowed and ordered to be paid, but the right to claim the refund or credit thereof and to maintain such claim pursuant to the applicable provisions of law, including subsection (d) of this section, may be reserved in the court’s order.
(b)Taxes imposed prior to August 24, 1935, legalized and ratified
The taxes imposed under this chapter, as determined, prescribed, proclaimed and made effective by the proclamations and certificates of the Secretary of Agriculture or of the President and by the regulations of the Secretary with the approval of the President prior to August 24, 1935, are legalized and ratified, and the assessment, levy, collection, and accrual of all such taxes (together with penalties and interest with respect thereto) prior to said date are legalized and ratified and confirmed as fully to all intents and purposes as if each such tax had been made effective and the rate thereof fixed specifically by prior Act of Congress. All such taxes which had accrued and remained unpaid August 24, 1935, shall be assessed and collected pursuant to section 619 of this title, and to the provisions of law made applicable thereby. Nothing in this section shall be construed to import illegality to any act, determination, proclamation, certificate, or regulation of the Secretary of Agriculture or of the President done or made prior to August 24, 1935.
(c)Rental and benefit payments, agreements, and programs made prior to August 24, 1935, legalized and ratified
The making of rental and benefit payments under this chapter, prior to August 24, 1935, as determined, prescribed, proclaimed and made effective by the proclamations of the Secretary of Agriculture or of the President or by regulations of the Secretary, and the initiation, if formally approved by the Secretary of Agriculture prior to such date of adjustment programs under section 608(1) of this title, and the making of agreements with producers prior to such date, and the adoption of other voluntary methods prior to such date, by the Secretary of Agriculture under this chapter, and rental and benefit payments made pursuant thereto, are legalized and ratified, and the making of all such agreements and payments, the initiation of such programs, and the adoption of all such methods prior to such date are legalized, ratified, and confirmed as fully to all intents and purposes as if each such agreement, program, method, and payment had been specifically authorized and made effective and the rate and amount thereof fixed specifically by prior Act of Congress.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Subsection (d) of this section, referred to in subsec. (a), was repealed by section 901 of act
June 22, 1936. See 1936 Amendment note set out below. Codification “section 2201 and 2202 of title 28” was substituted for “the Federal Declaratory Judgments Act”, which had enacted section 400 of former Title 28, Judicial Code and Judiciary, on authority of act
June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Another section 21 of act
May 12, 1933, enacted section 992 and 993 of Title 12, Banks and Banking. ConstitutionalityUnconstitutionality of processing and floor stock taxes, see note set out under section 616 of this title.
Amendments
1978—Subsec. (a). Pub. L. 95–598 struck out “, and bankruptcy” after “receivership” in first sentence, and struck out “bankruptcy,” after “receivership” in second sentence. 1936—Subsecs. (d) to (g). Act
June 22, 1936, § 901, repealed subsec. (d) relating to prohibition on making certain refunds, subsec. (e) providing for access to books, and subsec. (g) providing for recovery of taxes erroneously collected, and act
June 22, 1936, § 601(c), repealed subsec. (f) relating to time for filing claim for refund.
Statutory Notes and Related Subsidiaries
Effective Date
of 1978 AmendmentAmendment effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an
Effective Date
note preceding section 101 of Title 11, Bankruptcy. SeparabilityValidity of remainder of this chapter as not affected should any of the provisions of this chapter be declared unconstitutional, see section 614 of this title.
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to in this section, is an officer of Department of the Treasury.
Reference
Citations & Metadata
Citation
7 U.S.C. § 623
Title 7, Agriculture
Last Updated
Sep 22, 2026
Release point: 119-110