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New Court Ruling May Refund Your COVID-Era Tax Penalties

For many business owners here in Billings and across Montana, the pandemic years were about survival. Whether you were a subcontractor trying to keep jobs moving or a real estate professional navigating a frozen market, the chaos was undeniable. If you paid IRS penalties and interest during that time, a new legal development suggests you might have paid more than your fair share.

We build our firm on honesty and keeping your taxes optimized—one of the three legs of a stable business. A recent decision by the U.S. Court of Federal Claims in Kwong vs. United States has challenged how the IRS handled deadlines during COVID-19. This ruling could open the door for many taxpayers to recover money paid in penalties.

The Breakdown of Kwong vs. U.S.

In this landmark case, the court determined that the IRS did not follow the mandatory guidelines set out in Internal Revenue Code Section 7508A(d) regarding federally declared disasters. Specifically, the court ruled that the tax deadline extensions due to the COVID-19 pandemic should have been automatic and mandatory from January 20, 2020, through July 10, 2023.

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The IRS had previously argued these extensions were limited to one year. By rejecting that stance, the court effectively shifted the legal payment deadlines to July 10, 2023. This means that certain "failure-to-file" or "failure-to-pay" penalties assessed during those three years may have been incorrect.

Steps to Protect Your Refund Rights

Because tax law is complex and the government may appeal this decision, taking action now is about preserving your rights. Here is a practical approach to seeing if you are owed a refund:

  1. Check Your History: We need to look at your account transcripts to see if penalties were assessed for deadlines between January 20, 2020, and July 10, 2023. You can order these for free using the Get Transcript tool on IRS.gov. You can also file Form 4506-T by mail or call 800-908-9946, though online is fastest.

  2. File a Protective Claim: This is the most critical step. Since the IRS might appeal the Kwong ruling, filing a Claim for Refund and Request for Abatement (Form 843) acts as a "placeholder." It ensures the statute of limitations doesn't run out while the legal battle concludes.

  3. Request Abatement: If you currently owe penalties from this specific window, the Kwong decision can be cited as justification for removing them.

  4. Utilize Future Relief: Starting in 2026, the IRS intends to apply First-Time Abatement (FTA) automatically for eligible taxpayers with clean three-year histories, offering another layer of potential relief.

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Timelines and Deadlines

In the world of tax compliance, timing is everything. The ruling implies that refund claims related to this decision generally must be filed within three years of the recognized deadline. Consequently, the final date to submit these specific claims to the IRS is July 10, 2026.

Let’s Review Your Books

Simplicity and accuracy are what we strive for. If you believe your business was unfairly penalized during the pandemic, don't leave that money on the table. We can help you review your past transcripts and file the necessary protective claims to ensure you don't miss out due to a technicality. Contact our Billings office today to safeguard your potential refund.

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