# § 623. Actions relating to tax; legalization of prior taxes
**(a)** **Action to restrain collection of tax or obtain declaratory judgment forbidden** August 24, 1935
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 , 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** August 24, 1935August 24, 1935section 619 of this titleAugust 24, 1935
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 , 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 , shall be assessed and collected pursuant to , 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 .
**(c)** **Rental and benefit payments, agreements, and programs made prior to August 24, 1935, legalized and ratified** August 24, 1935section 608(1) of this title
The making of rental and benefit payments under this chapter, prior to , 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 , 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.
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**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.)
## Editorial Notes
### References in Text
Subsection (d) of this section, referred to in subsec. (a), was repealed by section 901 of act . See 1936 Amendment note set out below.
### Codification
“Sections 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 , , section 1 of which enacted Title 28, Judiciary and Judicial Procedure.
Another section 21 of act , enacted sections 992 and 993 of Title 12, Banks and Banking.
### Constitutionality
Unconstitutionality of processing and floor stock taxes, see note set out under .
### Amendments
1978—Subsec. (a). struck out “, and bankruptcy” after “receivership” in first sentence, and struck out “bankruptcy,” after “receivership” in second sentence.
1936—Subsecs. (d) to (g). Act , § 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 , § 601(c), repealed subsec. (f) relating to time for filing claim for refund.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1978 Amendment
Amendment effective , see , set out as an Effective Date note preceding , Bankruptcy.
### Separability
Validity of remainder of this chapter as not affected should any of the provisions of this chapter be declared unconstitutional, see .
## 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. , 15 F.R. 4935, , 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.