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The Kwong Ruling: A Potential Path to Recovering COVID-Era IRS Penalties

For many small business owners and individuals here in Gilbert and across Arizona, the COVID-19 pandemic wasn't just a health crisis—it was an administrative nightmare. Between staffing shortages and mail backlogs, many taxpayers found themselves hit with IRS penalties and interest during a time of unprecedented chaos. If you paid federal tax penalties between 2020 and 2023, a significant new court decision suggests you might be entitled to get that money back.

The recent ruling in Kwong vs. United States by the U.S. Court of Federal Claims has challenged the IRS's timeline on disaster relief extensions. This decision essentially opens the door for taxpayers to claim refunds for failure-to-file or failure-to-pay penalties assessed during the pandemic emergency period. At Martinez & Shanken PLLC, we are closely monitoring this situation to ensure our clients don't leave money on the table.

Understanding the Kwong vs. U.S. Decision

The core of this case revolves around how the IRS interpreted the law during a federally declared disaster. In Kwong vs. U.S., the court determined that the 2019 version of Internal Revenue Code Section 7508A(d) mandated an automatic extension of tax deadlines during such disasters. While the IRS argued these extensions were limited to one year, the court ruled that the extension actually covered the entire duration of the COVID-19 emergency declaration.

Office workspace representing tax planning and accounting

The bottom line: The court effectively moved legal tax deadlines to July 10, 2023 (the end of the incident period plus 60 days). This implies that penalties assessed for deadlines falling between January 20, 2020, and July 10, 2023, may have been imposed in error.

What This Means for Your Tax Liability

If the deadlines were legally extended, then "late" filings or payments made before July 2023 weren't actually late. Consequently, the penalties and interest associated with those dates should theoretically be void. This presents a unique opportunity for taxpayers to seek refunds, but it requires proactive steps.

Steps to Preserve Your Refund Rights

Because tax law is complex and the government may appeal this decision, simply waiting for a check in the mail is not a strategy. We recommend the following actions:

  • Analyze Your Tax History: You need to verify if you were charged penalties or interest for deadlines occurring between Jan 20, 2020, and July 10, 2023. You can review your history by accessing your tax transcripts. These can be ordered via the Get Transcript tool on IRS.gov, by mailing Form 4506-T, or by calling 800-908-9946. We can also assist you in pulling these records to identify eligible years.
  • File a Protective Refund Claim: This is the most critical step. Since the IRS is likely to fight the Kwong ruling, you must file a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). This acts as a legal placeholder. It stops the statute of limitations clock from running out while the appeals process plays out in the courts.
  • Request Abatement: If you currently owe penalties from this period, the Kwong decision can be cited as justification for removing those charges.

Important Deadlines

Time is a factor here. Under the ruling, claims related to this decision generally need to be filed within three years of the legally recognized deadline. This sets the primary cutoff date at July 10, 2026. While that seems far off, gathering records and filing protective claims should be done sooner rather than later to avoid administrative hurdles.

Additionally, looking ahead to 2026, the IRS plans to automate First-Time Abatement (FTA) for eligible taxpayers with clean compliance histories, which offers another layer of potential relief.

We Can Help You Navigate This

Tax rulings like this are powerful, but they require precise navigation of IRS procedure. If you incurred substantial penalties during the pandemic years, do not assume they are final. Contact Martinez & Shanken PLLC today. We can help you review your transcripts and file the necessary protective claims to ensure your right to a refund is preserved.

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Gilbert, Arizona 85233
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