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Refund Alert: Recent Court Ruling May Erase COVID-Era IRS Penalties

If you were hit with IRS penalties and interest during the chaos of the COVID-19 pandemic, the landscape has just shifted in your favor. A significant legal decision has challenged how the IRS handled deadlines during the national emergency, potentially opening the door for thousands of taxpayers to recover funds they have already paid.

A Game-Changer for Pandemic Penalties

The U.S. Court of Federal Claims recently issued a ruling in Kwong vs. United States that directly challenges the IRS's authority regarding disaster-related extensions. During the pandemic, the IRS treated deadline extensions as discretionary. However, the court ruled that under the 2019 version of Internal Revenue Code Section 7508A(d), these extensions were actually mandatory and automatic during a federally declared disaster.

Specifically, the court determined that the automatic extension period ran from January 20, 2020, through July 10, 2023. While the IRS argued that extensions were limited to one year, the court rejected that stance. This implies that many penalties for "failure-to-file" or "failure-to-pay" assessed during that three-year window may have been legally invalid.

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What This Means for Your Wallet

If this ruling holds, the legal tax deadlines were effectively pushed to July 10, 2023. Consequently, interest and penalties accrued on eligible accounts prior to that date should theoretically be wiped clean. As Enrolled Agents (EAs), we see this as a critical opportunity to correct the record for taxpayers who were unfairly penalized during a global crisis.

Steps to Protect Your Refund Rights

Because the Department of Justice may appeal this decision, it is vital to take proactive measures now to "lock in" your right to a refund before the statute of limitations expires.

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  • Analyze Your Transcripts: First, identify if you were charged penalties between Jan 20, 2020, and July 10, 2023. You can access your data via the Get Transcript tool on IRS.gov. While you can request these by mail or phone (800-908-9946), the online tool provides immediate access.

  • File a Protective Claim: This is the most important step. You should file a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). This acts as a legal placeholder. It prevents the statute of limitations from running out while the appeals process plays out in the courts. If you don't file this, you could lose your right to a refund even if the ruling is upheld later.

  • Request Abatement: If you currently owe penalties from this period, the Kwong decision can be cited as the basis for an abatement request.

Why Expert Representation Matters

At IRS Tax Pros, we don't do bookkeeping or general accounting—and that is by design. Our sole focus is solving complex tax problems and representing taxpayers against the IRS. Navigating the nuance of a protective claim requires precision.

The deadline to file claims related to this ruling is July 10, 2026 (three years from the court-determined end date). However, waiting is rarely a good strategy when dealing with the federal government. If you believe you paid penalties that should now be refunded, contact our office immediately. We can review your transcripts and handle the protective claim filing to ensure you don't miss out on what is rightfully yours.

Call Today
We solve tax problems for individuals and help tax pros solve tax problems for their clients.
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