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Did You Pay IRS Penalties During the Pandemic? A New Court Ruling May Offer a Refund

For many taxpayers and business owners, the COVID-19 pandemic was a period of financial chaos, often compounded by confusing tax deadlines. If you paid the IRS penalties or interest during that time, a recent decision by the U.S. Court of Federal Claims suggests you might have paid bills you didn't legally owe.

The ruling in Kwong vs. United States has challenged how the IRS handled deadline extensions during the national emergency. While the situation is still evolving, this decision opens a potential pathway for recovering "failure-to-file" or "failure-to-pay" penalties assessed during the pandemic. Here is what you need to know to protect your rights before the window closes.

The Core of the Kwong Decision

At the heart of this case is Internal Revenue Code Section 7508A(d). The court ruled that during a federally declared disaster—like the COVID-19 pandemic—tax deadline extensions are mandatory and automatic, not discretionary.

While the IRS treated these extensions as limited, the court found that the statutory extension actually spanned from the start of the disaster declaration on January 20, 2020, through July 10, 2023. Consequently, the IRS may have lacked the authority to assess certain penalties and interest during that 41-month window. If this ruling holds, the legal deadline for many tax actions during that period was effectively moved to July 2023.

Man reviewing financial documents on a computer

Strategic Steps for Taxpayers

Because the Department of Justice is likely to appeal this decision, we are not suggesting you will receive an immediate check in the mail. However, we are advising eligible clients to take specific steps to "lock in" their potential refund eligibility.

1. Audit Your Account Transcripts

First, we need to determine if you were charged penalties for deadlines falling between January 20, 2020, and July 10, 2023. You can review this by accessing your tax transcripts. These can be obtained via the Get Transcript tool on IRS.gov or by filing Form 4506-T. If you aren't sure what you are looking for, our team can pull these records for you to identify specific penalty assessments.

2. File a Protective Refund Claim

This is the most critical step. A "Protective Claim" is essentially a placeholder. By filing a Claim for Refund and Request for Abatement (Form 843), you preserve your right to a refund while the courts finalize the legal battle.

If you do not file this claim and the statute of limitations expires, you will be barred from receiving a refund even if the Kwong ruling is upheld on appeal. Think of it as an insurance policy against the government's procedural clock.

3. Alternative Relief Options

Even outside of the Kwong ruling, other avenues exist. We can look into First-Time Abatement (FTA) if you have a clean compliance history, or other reasonable cause arguments. The IRS is also rolling out automatic relief for certain penalties beginning in 2026, but being proactive now is usually the safer bet.

Crucial Deadlines

The clock is ticking. Based on the court's timeline, claims related to this decision generally must be filed within three years of the July 11, 2023 date. This sets a hard deadline of July 10, 2026.

We Can Handle the Paperwork

Tax law regarding federally declared disasters can be dense, and the IRS appeals process will likely be lengthy. If you recall paying substantial penalties during the pandemic years, do not assume they were correct.

Contact our office today. We can review your transcripts, determine if the Kwong precedent applies to your situation, and file the necessary protective claims to ensure you don't miss out on what could be a significant recovery.

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