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Kwong v. U.S. Ruling: Can You Recover COVID-Era IRS Penalties?

If you wrote a check to the IRS for penalties or interest between 2020 and 2023, you might want to pause and review your records. A significant legal development has emerged that could put that money back in your pocket.

We rarely see court cases that open the door for mass refunds based on administrative technicalities, but the recent decision in Kwong v. United States (U.S. Court of Federal Claims) is a major exception. This ruling challenges how the IRS applied deadlines during the COVID-19 pandemic. If the decision holds, thousands of taxpayers who were hit with "failure-to-file" or "failure-to-pay" penalties could be eligible for a refund.

Man reviewing financial documents in home office

The Argument: Mandatory Extensions vs. IRS Discretion

At the heart of Kwong v. U.S. is a dispute over Internal Revenue Code Section 7508A(d). The court ruled that this section mandates an automatic extension of tax deadlines during a federally declared disaster. While the IRS argued they had the discretion to limit extensions to one year, the court disagreed.

Because the COVID-19 pandemic was a federally declared disaster spanning from early 2020 to mid-2023, the court determined that tax deadlines were effectively pushed to July 10, 2023. Consequently, penalties assessed for late filing or payment before that date may have been legally invalid.

How This Impacts Your Tax Account

If legal deadlines were moved to July 2023, then a tax return filed or a payment made in 2021 or 2022 was technically not late. This logic suggests that any failure-to-file or failure-to-pay penalties charged during that window were assessed in error.

However, refunds will not be automatic. The IRS is expected to appeal this decision, which means the legal battle isn't over. To ensure you don't lose your right to a refund while the courts deliberate, you must take proactive steps now.

Steps to Preserve Your Refund Rights

Given our firm's expertise in tax resolution, we strongly advise taking a "protective" stance. This prevents the statute of limitations from expiring while the government appeals the case.

1. Audit Your Transcripts

First, verify if you were actually charged penalties during the relevant window (January 20, 2020 – July 10, 2023). You can review this by accessing your account transcripts.

You can order these for free via the Get Transcript tool on IRS.gov. We recommend the online download for immediate access, though you can also request them by mail using Form 4506-T or by calling 800-908-9946.

2. File a Protective Claim (Form 843)

This is the most critical step. Because the IRS may fight the Kwong ruling, you should file a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). A protective claim acts as a placeholder. It tells the IRS, "I believe I am owed this money based on current law, and I am filing this now to lock in my filing date before the deadline passes."

Even if the IRS delays processing these claims until the appeal is settled, filing Form 843 protects your right to the money if the ruling is upheld.

Professional and client discussing tax documents

Deadlines and Strategy

Under the ruling, the deadline to file these claims is three years from the new extended deadline. This sets the cutoff at July 10, 2026. While that seems far off, waiting increases the risk of lost records or overlooked opportunities.

Furthermore, beginning in 2026, the IRS intends to automate First-Time Abatement (FTA) for eligible taxpayers. While helpful for the future, relying on that for past COVID-era penalties is not a substitute for a protective claim under Kwong.

Next Steps for Taxpayers

Whether you are a local client here in Oklahoma City or work with us remotely, tax resolution requires precision. If you see penalties on your 2020, 2021, or 2022 transcripts, do not assume they are final.

Please contact our office to discuss filing a protective claim. We can help you navigate Form 843 to ensure your potential refund is secured while the courts finalize the law. Taking action now is the only way to ensure you aren't left out if the government loses its appeal.

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