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7 U.S.C. § 623 — Actions relating to tax; legalization of prior taxes

submitted 93 years ago by ch. 25 to r/title-7-AGRICULTURE · 568 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section blocks court actions aimed at stopping certain taxes or obtaining related declaratory judgments. It also validates specified earlier taxes, payments, agreements, adjustment programs, and voluntary methods.

(a) No action to stop tax collection or obtain a declaratory judgment: No court suit or proceeding, including probate, administration, or receivership proceedings, may be brought or maintained if it would stop assessment or collection of a tax imposed, or a penalty or interest accrued, under this chapter on or after August 24, 1935, or would seek a declaratory judgment under title 28, sections 2201 and 2202, about that tax, penalty, or interest. In a probate, administration, receivership, or similar case, the United States claim for the assessed amount must be allowed and ordered paid. The court may reserve the right to seek a refund or credit and maintain that claim under applicable law, including subsection (d).

(b) Earlier taxes validated: Taxes under this chapter that the Agriculture Secretary or President determined, prescribed, proclaimed, or made effective, and taxes made effective by Secretary regulations approved by the President, before August 24, 1935, are legalized, ratified, and confirmed. So are their earlier assessment, levy, collection, and accrual, including penalties and interest, as though Congress had specifically enacted each tax and rate. Taxes accrued but unpaid on that date must be assessed and collected under section 619 and the laws it applies. Nothing here makes illegal an earlier act, determination, proclamation, certificate, or regulation of the Agriculture Secretary or President.

(c) Earlier payments and programs validated: Rental and benefit payments made before August 24, 1935, under this chapter; formally approved adjustment programs begun before that date under section 608(1); producer agreements made before that date; and other voluntary methods adopted before that date by the Agriculture Secretary, together with payments under them, are legalized, ratified, and confirmed as though each had been specifically authorized by an earlier Act of Congress, including its rate or amount.

the actual law source: uscode.house.gov ↗public domain
(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 sections 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.

Source credit: (May 12, 1933, ch. 25, title I, § 21, as added Aug. 24, 1935, ch. 641, § 30, 49 Stat. 770; amended June 22, 1936, ch. 690, §§ 601(c), 901, 49 Stat. 1740, 1747; Pub. L. 95–598, title III, § 304, Nov. 6, 1978, 92 Stat. 2673.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of May 12, 1933, ch. 25 · 49 Stat. 770
  • 1936Amended · Act of June 22, 1936, ch. 690 · 49 Stat. 1740, 1747
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2673

A history note hasn’t been published yet. The record shows enactment by ch. 25 on 1933-05-12.

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