26 U.S.C. § 7123

Appeals dispute resolution procedures

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(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) MediationThe 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) ArbitrationThe 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 determinationsFor 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).(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 NotesPrior Provisions

A prior section 7123 was renumbered section 7124 of this title.

Amendments

2019—Pub. L. 116–25 substituted “Internal Revenue Service Independent Office of Appeals” for “Internal Revenue Service Office of Appeals” wherever appearing.

2015—Subsec. (c). Pub. L. 114–113 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2015 Amendment

Pub. L. 114–113, div. Q, title IV, § 404(b), Dec. 18, 2015, 129 Stat. 3118, provided that: “The amendment made by subsection (a) [amending this section] shall apply to determinations made on or after May 19, 2014.”

Notes of Decisions

Cited in 3 cases, 2006–2009 · leading case: Smith v. United States, 475 F. Supp. 2d 1 (D.D.C. 2006).

Sort: Relevance Newest Treatment

Smith v. United States, 475 F. Supp. 2d 1 (D.D.C. 2006). “26 U.S.C. § 7123 (b)(1), by failing to provide Plaintiffs with non-binding mediation; 19.”

Ramer v. United States, 620 F. Supp. 2d 90 (D.D.C. 2009). “§ 6330 (a) (2006) (Count 27); (28) failed to provide the plaintiffs with non-binding mediation before issuing notices liens, levies, or other agency action as required by 26 U.S.C. § 7123 (b)(1) (2006) (Count 28); (29) deprived the plaintiffs of the guaranteed availability of…”

Ramer v. United States Gov't (D.D.C. 2009). “§ 6330 (a) (2006) (Count 27); (28) failed to provide the plaintiffs with non-binding mediation before issuing notices liens, levies, or other agency action as required by 26 U.S.C. § 7123 (b)(1) (2006) (Count 28); (29) deprived the 4 plaintiffs of the guaranteed availability of…”

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