Kwong vs. United States: New Hope for Recovering COVID-Era Tax Penalties

For many taxpayers we serve—from business owners in Orlando and Dallas to independent contractors in San Diego—the COVID-19 pandemic wasn't just a health crisis; it was a financial storm. If you scrambled to keep up with IRS payments during that time and were hit with penalties and interest, a significant court decision might turn those charges into a refund opportunity.

The U.S. Court of Federal Claims recently issued a landmark ruling in Kwong vs. United States. This decision challenges how the IRS handled deadlines during the pandemic and could invalidate certain penalties assessed between 2020 and 2023. At Dixson Tax Resolution Services LLC, we are closely monitoring this case because it offers a potential path for relief for taxpayers who felt the weight of IRS enforcement during the global crisis.

The Breakdown: What the Kwong Ruling Changed

The core of the dispute involves Internal Revenue Code Section 7508A(d). The court ruled that this section mandated an automatic extension of tax deadlines during a federally declared disaster. While the IRS argued these extensions were limited, the court found that the extension legally spanned from the beginning of the pandemic declaration on January 20, 2020, through July 10, 2023.

Storm clouds representing financial turmoil and IRS challenges

This means that "failure-to-file" or "failure-to-pay" penalties charged during this window may have been applied incorrectly. Effectively, the legal deadline for these taxes moved to July 2023, rendering many earlier penalties moot.

Strategic Steps for Taxpayers

If you paid penalties or interest during the pandemic, you shouldn't wait for the IRS to voluntarily send a check. You need to take specific steps to protect your rights.

1. Analyze Your Account History

First, we need to identify if you were charged penalties for deadlines falling between January 20, 2020, and July 10, 2023. You can review this by accessing your account transcripts.

Transcripts are available for free via the Get Transcript tool on IRS.gov. While you can request them by mail (Form 4506-T) or phone (800-908-9946), online access is immediate. If interpreting these codes feels like reading a foreign language, our team can help you identify refundable amounts.

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2. The Importance of a "Protective Claim"

The government will likely appeal the Kwong decision. To ensure you don't lose your right to a refund while the legal battle plays out, you must file a "protective claim." This is done using Form 843 (Claim for Refund and Request for Abatement).

Think of this as holding your place in line. It prevents the statute of limitations from expiring while the courts finalize the ruling. If you don't file this claim, you could be barred from a refund even if the ruling stands.

3. Leverage Abatement Strategies

If you still owe penalties from this period, the Kwong ruling can be cited as justification for abatement. Additionally, starting in 2026, the IRS is automating First-Time Abatement (FTA) for eligible taxpayers, offering another layer of potential relief.

The Statute of Limitations is Ticking

Time is a critical factor in tax resolution. Claims related to this decision generally must be filed within three years of the recognized deadline. Based on the ruling, the final date to submit your claim to the IRS is July 10, 2026.

Don't Navigate This Alone

Whether you are dealing with unfiled returns in Missouri or fighting penalties in California, Texas, or Florida, understanding your rights is the first step toward financial stability. The Kwong ruling is complex, but it represents a rare opportunity to recover funds.

If you believe you are affected, contact Dixson Tax Resolution Services LLC. Felecia G. Dixson, EA, and our team will help you review your transcripts and file the necessary protective claims to ensure you don't leave money on the table.

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