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New Court Ruling: Recouping COVID-Era IRS Penalties

For many individuals and small business owners here in Long Island—from Medford to Brentwood—the COVID-19 pandemic wasn't just a health crisis; it was a financial and logistical nightmare. If you struggled to meet tax deadlines during that chaos and paid IRS penalties or interest as a result, a significant new court decision might work in your favor.

A recent ruling in the U.S. Court of Federal Claims, Kwong vs. United States, has challenged how the IRS handled deadline extensions during the pandemic. If this ruling holds, it could invalidate penalties assessed over a three-year period, potentially opening the door for refunds.

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Understanding the Kwong Decision

At the heart of Kwong vs. U.S. is a dispute over statutory interpretation. The court determined that the 2019 version of Internal Revenue Code Section 7508A(d) mandated an automatic extension of tax deadlines during federally declared disasters. While the IRS argued these extensions were discretionary and limited to one year, the court disagreed.

The court found that the mandatory extensions applied throughout the duration of the COVID-19 emergency. Specifically, this covers the period from January 20, 2020, to July 10, 2023. Under this interpretation, the legal filing and payment deadlines were effectively pushed to July 10, 2023.

What This Means for Your Wallet

If the legal deadline was July 2023, then "failure-to-file" or "failure-to-pay" penalties assessed by the IRS between 2020 and 2023 may have been imposed in error. If you paid these penalties, the IRS might owe you that money back.

Steps to Preserve Your Refund Rights

While this is promising news, the process isn't automatic. The IRS may appeal this decision, meaning the legal battle isn't entirely over. However, waiting for the final appeal could cause you to miss the statute of limitations for filing a claim. Being proactive is the only way to ensure you don't lose out on a potential refund.

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Here is the strategy we are recommending to our clients across Mastic and the surrounding areas:

  1. Audit Your Tax History
    First, we need to determine if you were charged penalties or interest for deadlines falling between January 20, 2020, and July 10, 2023. You can review this by looking at your Account Transcripts.

    You can access these for free using the Get Transcript tool on IRS.gov. Alternatively, you can request them by mail (Form 4506-T) or by calling 800-908-9946. If navigating the IRS portal feels daunting, contact our office, and we can pull these records for you.

  2. File a Protective Refund Claim
    Because the government is likely to appeal the Kwong case, you should file a "protective claim." This is essentially a placeholder. It tells the IRS, "I believe I am owed this money based on current law, but I am filing now to beat the deadline while the courts finalize the decision." This is done using Form 843 (Claim for Refund and Request for Abatement).

  3. Request Penalty Abatement
    If you currently have an outstanding balance due to penalties from this period, we can cite the Kwong ruling as a basis for requesting those penalties be removed (abated) immediately.

  4. Look Ahead to 2026 Relief
    Separate from this court case, the IRS is planning to automate First-Time Abatement (FTA) for eligible taxpayers starting in 2026. If you have a clean compliance history for the prior three years, this will be another avenue to clear penalties.

Crucial Deadlines to Watch

Timing is everything in tax law. Based on the Kwong ruling, claims for refunds related to this specific argument must be filed within three years of the legally recognized deadline. That sets the hard cutoff date at July 10, 2026.

However, we strongly advise against waiting until the last minute. Filing a protective claim now ensures your rights are locked in regardless of how long the appeals process drags on.

Let Us Help You Recover What’s Yours

Navigating IRS transcripts and filing protective claims can be technical and time-consuming. Whether you are a local business owner in Brentwood or an individual filer in Medford, you shouldn't have to pay penalties that the courts have deemed invalid.

If you suspect you paid failure-to-file or failure-to-pay penalties during the pandemic years, please reach out to us. We can review your transcripts, determine your eligibility, and handle the protective claim filing to ensure you are in line for a refund should the Kwong ruling stand.

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