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New Court Ruling Could Mean Refunds for COVID-Era IRS Penalties

Did the IRS charge you penalties for late filing or late payments between 2020 and 2023? A significant decision from the U.S. Court of Federal Claims suggests those charges might not have been legally valid, opening a window for taxpayers to potentially recover those funds.

The case, Kwong v. United States, challenges how the IRS handled tax deadlines during the COVID-19 national emergency. While the IRS operated under the assumption that they could limit extensions, the court ruled that the tax code actually mandated an automatic extension throughout the entire disaster period.

As your trusted advisors, we are closely monitoring this situation because it could mean money back in your pocket. Here is what you need to know about the ruling and the protective steps you should take immediately.

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The Breakdown of the Kwong Decision

In Kwong v. U.S., the court determined that the 2019 version of Internal Revenue Code Section 7508A(d) triggered a mandatory postponement of tax deadlines during a federally declared disaster. Specifically, this applies to the COVID-19 period spanning from January 20, 2020, to July 10, 2023.

The IRS had previously argued that extensions were discretionary and limited to one year. The court rejected this, effectively ruling that the legal deadline for filing and paying taxes during the pandemic was moved to July 10, 2023. Consequently, "failure-to-file" or "failure-to-pay" penalties assessed before that date may have been imposed in error.

Steps to Protect Your Refund Rights

It is highly likely the government will appeal this decision. However, waiting for the final legal outcome could cost you due to the statute of limitations. We recommend taking proactive measures now to "hold your place in line."

1. Audit Your Tax History

First, verify if you were assessed penalties or interest during the affected years. You need to review your taxpayer account transcripts for any activity between Jan 2020 and July 2023.

You can access these records for free using the Get Transcript tool on IRS.gov. You can also request them by mail (Form 4506-T) or by calling 800-908-9946, though the online tool is significantly faster. If you are unsure how to read these codes, our team can assist you.

2. File a Protective Claim (Form 843)

To safeguard your right to a refund while the appeal is pending, you should file a Claim for Refund and Request for Abatement on Form 843. This acts as a protective claim, preventing the statute of limitations from expiring while the courts finalize the ruling. If the ruling stands, your claim is already filed and timely.

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3. Explore Other Abatement Options

Even outside of this specific ruling, you may qualify for penalty relief. You can use the Kwong decision to strengthen a current abatement request. Additionally, beginning in 2026, the IRS plans to automate First-Time Abatement (FTA) for eligible taxpayers with clean history, though manual requests are available now.

The Critical Deadline: July 10, 2026

Time is a factor here. Under the court's interpretation, claims for refunds related to this decision must generally be filed within three years of the deemed deadline. This sets a hard cutoff date of July 10, 2026.

If you see penalties on your transcripts from the pandemic era, do not assume they are permanent. Contact our office to review your records. We can help you file a protective claim to ensure you don't miss out on a potential refund due to a technicality.

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