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26 USC § 7123 - Appeals dispute resolution procedures

---
identifier: "/us/usc/t26/s7123"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 7123 - Appeals dispute resolution procedures"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "7123"
section_name: "Appeals dispute resolution procedures"
chapter_number: 74
chapter_name: "CLOSING AGREEMENTS AND COMPROMISES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 105–206, title III, § 3465(a)(1), July 22, 1998, 112 Stat. 768; amended Pub. L. 114–113, div. Q, title IV, § 404(a), Dec. 18, 2015, 129 Stat. 3118; Pub. L. 116–25, title I, § 1001(b)(1)(G), July 1, 2019, 133 Stat. 985.)"
---

# § 7123. Appeals dispute resolution procedures

**(a)** **Early referral to appeals procedures** The Secretary shall prescribe procedures by which any taxpayer may request early referral of 1 or more unresolved issues from the examination or collection division to the Internal Revenue Service Independent Office of Appeals.

**(b)** **Alternative dispute resolution procedures**

**(1)** **Mediation** The Secretary shall prescribe procedures under which a taxpayer or the Internal Revenue Service Independent Office of Appeals may request non-binding mediation on any issue unresolved at the conclusion of—

**(A)** appeals procedures; or

**(B)** unsuccessful attempts to enter into a closing agreement under section 7121 or a compromise under section 7122.

**(2)** **Arbitration** The Secretary shall establish a pilot program under which a taxpayer and the Internal Revenue Service Independent Office of Appeals may jointly request binding arbitration on any issue unresolved at the conclusion of—

**(A)** appeals procedures; or

**(B)** unsuccessful attempts to enter into a closing agreement under section 7121 or a compromise under section 7122.

**(c)** **Administrative appeal relating to adverse determination of tax-exempt status of certain organizations**

**(1)** **In general** The Secretary shall prescribe procedures under which an organization which claims to be described in section 501(c) may request an administrative appeal (including a conference relating to such appeal if requested by the organization) to the Internal Revenue Service Independent Office of Appeals of an adverse determination described in paragraph (2).

**(2)** **Adverse determinations** For purposes of paragraph (1), an adverse determination is described in this paragraph if such determination is adverse to an organization with respect to—

**(A)** the initial qualification or continuing qualification of the organization as exempt from tax under section 501(a) or as an organization described in section 170(c)(2),

**(B)** the initial classification or continuing classification of the organization as a private foundation under section 509(a), or

**(C)** the initial classification or continuing classification of the organization as a private operating foundation under section 4942(j)(3).

---

**Source Credit**: (Added Pub. L. 105–206, title III, § 3465(a)(1), July 22, 1998, 112 Stat. 768; amended Pub. L. 114–113, div. Q, title IV, § 404(a), Dec. 18, 2015, 129 Stat. 3118; Pub. L. 116–25, title I, § 1001(b)(1)(G), July 1, 2019, 133 Stat. 985.)

## Editorial Notes

### Prior Provisions

A prior section 7123 was renumbered .

### Amendments

2019— substituted “Internal Revenue Service Independent Office of Appeals” for “Internal Revenue Service Office of Appeals” wherever appearing.

2015—Subsec. (c).  added subsec. (c).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

> “The amendment made by subsection (a) [amending this section] shall apply to determinations made on or after
> 
> .”

, , , provided that: