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A Landmark Ruling: Recovering COVID-Era IRS Penalties

At True Tax Strategies LLC, we believe in controlling your tax expenses, not just accepting them. If you faced liquidity challenges during the pandemic and paid IRS penalties or interest, a significant legal development might put those funds back in your pocket. A recent court decision has challenged how the IRS handled deadlines during COVID-19, potentially invalidating charges many taxpayers have already paid.

The Kwong vs. U.S. Decision Explained

The U.S. Court of Federal Claims recently issued a ruling in Kwong vs. United States that redefines the timeline of pandemic-era tax relief. The court determined that Internal Revenue Code Section 7508A(d) mandated an automatic extension of tax deadlines for the entire duration of the federally declared disaster.

While the IRS initially argued these extensions were limited to one year, the court rejected that stance. Instead, the ruling suggests that deadlines—and the protection from penalties—should have extended from January 20, 2020, through July 10, 2023.

Tax advisor consulting with client about penalty abatement strategies

What This Means for Your Strategy

If this ruling holds, the legal tax deadlines were effectively moved to July 10, 2023. Consequently, any "failure-to-file" or "failure-to-pay" penalties assessed against you between 2020 and mid-2023 may have been imposed in error. This opens a strategic window for taxpayers to seek refunds.

Immediate Steps to Protect Your Rights

Because we engineer outcomes rather than wait for them, we recommend taking specific actions to preserve your eligibility for a refund, especially since the government may appeal the decision.

Don’t leave money behind. Start your tax return today.
Get every dollar you deserve. Start your tax return today. We help working families, single parents, and self-employed earners file accurate tax returns that capture every available credit and deduction—quickly, clearly, and in full compliance with IRS rules. Simple process. Real support. Results you can trust.
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  1. Audit Your Transcripts: First, review your account for penalties assessed between January 20, 2020, and July 10, 2023. You can access these records via the Get Transcript tool on IRS.gov. If interpreting these codes feels like reading a foreign language, our team can help verify the details.

  2. File a Protective Claim (Form 843): This is the most critical step. A protective claim acts as a placeholder. It stops the statute of limitations from expiring while the courts finalize the appeal process. By filing a Claim for Refund and Request for Abatement now, you lock in your right to a potential refund later.

  3. Leverage Abatement Rules: You can cite the Kwong decision in current abatement requests. Additionally, starting in 2026, the IRS intends to apply First-Time Abatement (FTA) automatically for eligible history, offering another layer of future relief.

The Clock is Ticking

Strategic tax planning requires watching the calendar. To claim a refund based on this ruling, you generally must file within three years of the legally recognized deadline. This sets the final cutoff at July 10, 2026.

If you suspect you paid unwarranted penalties during the pandemic, do not leave this to chance. Contact True Tax Strategies LLC today. We will help you review your transcripts and file the necessary protective claims to ensure you don’t miss out on what is rightfully yours.

Don’t leave money behind. Start your tax return today.
Get every dollar you deserve. Start your tax return today. We help working families, single parents, and self-employed earners file accurate tax returns that capture every available credit and deduction—quickly, clearly, and in full compliance with IRS rules. Simple process. Real support. Results you can trust.
CLICK HERE
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