Could the Kwong vs. U.S. Ruling Mean a Tax Refund for You?

At Paul Haglund & Co, our mission has always been to help our neighbors in Lakeville and the South Metro make smart financial decisions that reduce surprises. The last few years, however, have been full of them. If you found yourself paying IRS penalties or interest during the chaos of the COVID-19 pandemic, a significant new court decision might just turn one of those unpleasant surprises into a refund opportunity.

A Potential Reset on Pandemic-Era Penalties

The U.S. Court of Federal Claims recently issued a landmark ruling in Kwong vs. United States. While legal battles often feel distant, this one hits close to home for anyone who faced federal tax penalties between 2020 and 2023. The court determined that the Internal Revenue Code mandated an automatic extension of tax deadlines during the federally declared disaster of the COVID-19 pandemic.

While the IRS had previously operated as if extensions were limited, the court ruled that the statutory extension actually spanned from January 20, 2020, to July 10, 2023. This is a massive shift in interpretation. It implies that "failure-to-file" or "failure-to-pay" penalties assessed during this window may have been legally invalid because the deadlines hadn't actually passed.

Close up of a calculator and tax documents representing penalty abatement analysis

What This Means for Minnesota Taxpayers

If this ruling holds, the legal deadline for paying taxes during that three-year period was effectively moved to July 10, 2023. Consequently, penalties you paid for being "late" prior to that date might be refundable.

However, it is important to be realistic. The government will almost certainly appeal this decision. We don't want to offer false hope, but we do want to offer a strategic path forward. Filing a claim now acts as a placeholder—a way to raise your hand and say, "If this ruling stands, I want my money back."

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Strategic Steps to Preserve Your Rights

To ensure you don't miss out due to legal technicalities or expiring statutes of limitations, we recommend taking a proactive approach. Here is what needs to happen:

  • Review Your Account History: You need to identify if you were charged penalties or interest for deadlines falling between January 20, 2020, and July 10, 2023. You can review this by ordering tax transcripts for free via the Get Transcript tool on IRS.gov. You can also request them by mail (Form 4506-T) or by calling 800-908-9946, though online is much faster.
  • File a Protective Refund Claim: Because the IRS is likely to appeal, you should file a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). This effectively locks in your right to a refund while the courts finalize the appeal process. It prevents the statute of limitations from running out on you while the lawyers argue the case.
  • Leverage for Current Abatement: If you currently owe penalties from this period, citing the Kwong decision can be a powerful argument in your request for abatement.

Timelines and Next Steps

According to the ruling, claims related to this decision must be filed within three years of the recognized deadline. This sets a hard cutoff of July 10, 2026. Furthermore, starting in 2026, the IRS plans to introduce automatic First-Time Abatement (FTA) for eligible taxpayers, offering yet another route for relief.

We know tax notices and penalties are stressful. If you believe you paid substantial penalties during the pandemic, don't leave that money on the table. Contact Paul Haglund & Co here in Lakeville. We can help you review your transcripts and file the necessary protective claims to ensure your financial interests are secure.

Looking for trusted tax and accounting help?
From tax prep and planning to retirement strategies and IRS resolution, we’re here to help you move forward with confidence.
Contact Us
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