New Court Ruling May Erase COVID-Era IRS Penalties and Interest

For many small business owners and real estate investors in Braintree, Quincy, and the Greater Boston area, the COVID-19 pandemic was a period of unprecedented financial complexity. While you were fighting to keep operations running, the IRS continued to assess penalties for late filings and payments. However, a significant legal decision, Kwong vs. United States, suggests the IRS may have overstepped its authority, potentially opening the door for you to recover those funds.

As your local Enrolled Agents and tax experts, we are closely monitoring this situation. The ruling by the U.S. Court of Federal Claims challenges how the IRS handled deadline extensions, and it requires immediate attention if you paid failure-to-file or failure-to-pay penalties between 2020 and 2023.

Understanding the Kwong Decision

The core of the dispute involves Internal Revenue Code Section 7508A(d). The court determined that this statute mandates an automatic extension of tax deadlines during a federally declared disaster. While the IRS argued these extensions were limited to one year, the court ruled that the relief period legally spanned the duration of the pandemic declaration—specifically from January 20, 2020, to July 10, 2023.

Bald Eagle representing federal law

This distinction is critical. If the legal deadline for these years was effectively moved to July 10, 2023, then penalties assessed for late actions prior to that date may have been invalid under the law.

Strategic Steps for Greater Boston Taxpayers

Because the Department of Justice is likely to appeal this decision, we cannot simply wait for the IRS to issue checks. To safeguard your potential refund, we must take proactive steps. As trusted accountants and tax preparers, we recommend the following workflow:

One Accounting Tax® Since 2017
Call/Text: (617) 829-0928 or email service@oneaccountingtax.com to schedule an in-person consultation or video call with our Tax Advisors (IRS Enrolled Agent, EA) today. Serving Braintree, Quincy, and Greater Boston with full-service accounting—tax preparation, payroll, bookkeeping, and year-round tax planning.
Contact Our Local Tax Advisors Today!

1. Analyze Your Account Transcripts

We need to review your IRS transcripts for any penalties or interest charged between January 20, 2020, and July 10, 2023. You can access these via the Get Transcript tool on IRS.gov. Look specifically for transaction codes related to failure-to-file or failure-to-pay. If navigating these codes feels like reading a foreign language, our office can pull and analyze these records for you.

2. File a Protective Refund Claim

Since the Kwong case may be tied up in appeals for years, we must file a "protective claim" using Form 843. This effectively acts as a placeholder. It stops the statute of limitations clock from running out while the courts finalize the ruling. Without this claim, you could lose your right to a refund simply because too much time has passed.

3. Be Aware of Deadlines

The ruling establishes a strict timeline. Any claims related to this decision generally must be filed by July 10, 2026 (three years from the end of the disaster period). While that seems distant, gathering records and preparing accurate claims takes time.

Consult a Tax Professional Immediately

This ruling also highlighted that starting in 2026, the IRS plans to automate First-Time Abatement (FTA) for eligible taxpayers. However, you should not rely on automation for past penalties.

If you incurred substantial penalties during the pandemic, do not leave this to chance. Contact our Braintree office today. We will review your tax history, determine your eligibility under the Kwong precedent, and ensure the necessary protective claims are filed to preserve your rights to a refund.

One Accounting Tax® Since 2017
Call/Text: (617) 829-0928 or email service@oneaccountingtax.com to schedule an in-person consultation or video call with our Tax Advisors (IRS Enrolled Agent, EA) today. Serving Braintree, Quincy, and Greater Boston with full-service accounting—tax preparation, payroll, bookkeeping, and year-round tax planning.
Contact Our Local Tax Advisors Today!
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