Learning Center
We keep you up to date on the latest tax changes and news in the industry.

New Court Ruling: Did the IRS Wrongly Charge You Penalties During COVID?

It is not often that a court ruling opens the door for thousands of taxpayers to demand money back from the IRS, but that is exactly what is happening right now. If your business or household paid failure-to-file or failure-to-pay penalties during the pandemic years, you need to pay close attention to the Kwong vs. United States decision.

This ruling from the U.S. Court of Federal Claims challenges the timeline the IRS used for COVID-19 tax extensions. If the decision holds, it means the IRS may have prematurely charged penalties and interest on late payments or filings between January 2020 and July 2023. Here is what this means for your tax history and the specific steps we recommend taking immediately to safeguard your right to a refund.

Understanding the Kwong Decision

At the heart of Kwong vs. U.S. is a dispute over dates. The court determined that under Internal Revenue Code Section 7508A(d), the federally declared disaster declaration for COVID-19 triggered a mandatory, automatic extension of tax deadlines.

Close up of currency representing potential tax refunds

While the IRS argued these extensions were limited, the court ruled that the extension period effectively ran from January 20, 2020, through July 10, 2023. Consequently, legal tax deadlines were pushed to July 10, 2023. This implies that any "failure-to-file" or "failure-to-pay" penalties assessed against taxpayers before that date may have been legally invalid.

Steps to Protect Your Potential Refund

Because this is a developing legal situation, we are advising clients to take proactive measures. Even though the IRS may appeal the ruling, you must file a claim now to lock in your eligibility.

1. Review Your Account Transcripts

First, we need to see if you were charged penalties. You or your tax advisor should review your transcripts for any penalties or interest assessed between January 20, 2020, and July 10, 2023.

You can access these records via the Get Transcript tool on IRS.gov. While you can request them by mail (Form 4506-T) or phone (800-908-9946), the online tool provides immediate access. If interpreting these codes feels like reading a foreign language, send them our way for a review.

2. File a Protective Refund Claim

This is the most critical step. Since the government will likely fight this decision, we recommend filing a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). A protective claim acts like a placeholder. It stops the statute of limitations clock from running out while the courts finalize the appeal process. If you do not file this, and the courts later rule in favor of taxpayers, you might be time-barred from getting your money back.

Business owner reviewing finances on laptop

3. Leverage Penalty Abatement

If you currently owe unpaid penalties from the pandemic era, this ruling can be cited as a basis for an abatement request. Additionally, looking ahead to 2026, the IRS is rolling out automatic First-Time Abatement (FTA) for eligible taxpayers with clean histories, offering another avenue for relief.

The Statute of Limitations is Ticking

The ruling established a clear deadline for these specific refund claims: July 10, 2026. This is three years from the determined legal deadline of July 11, 2023. While 2026 sounds far off, gathering records and filing protective claims should be done sooner rather than later to ensure your paperwork is in the queue.

How We Can Help

Navigating IRS appeals and protective claims is technical work. If you paid substantial penalties during the COVID era, do not leave this potential refund on the table. Contact our office so we can review your transcripts, determine if the Kwong ruling applies to your situation, and file the necessary protective claims to ensure you don't miss out on what you are owed.

Share this article...

Want tax & accounting tips and insights?

Sign up for our newsletter.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .