The IRS Could Owe You Money Thanks to a Pandemic-Era Court Ruling

4 min read

IRS Could Owe You Money, COVID Court RulingHere’s something that flew under the radar for most people: a court decision from late last year could put money back in your pocket if you got hit with IRS penalties during COVID. But you need to act fast! For some taxpayers, the deadline to file a claim is July 10.

What This Case Is Actually About

Remember when COVID was declared a federal disaster? That designation wasn’t just symbolic. It triggered real protections under the tax code, specifically Section 7508A, which lets the IRS push back deadlines and waive penalties when taxpayers are caught up in a disaster. We’re talking about failure-to-file and failure-to-pay penalties here, and those fees can add up to almost 50 percent of what you already owe, which is brutal!

The Kwong v. United States decision came down from the Court of Federal Claims in November 2025, and it changed the game. The court said the nationwide COVID emergency created a mandatory postponement running from Jan. 20, 2020, through July 10, 2023. Everything that came due in that window should have been bumped to July 11, 2023. In other words, a lot of people may have been penalized when they shouldn’t have been.

This Got Real on April 30

The case had been percolating quietly until the National Taxpayer Advocate (NTA) made some noise about it on April 30. That’s when things got interesting. According to the NTA, tens of millions of taxpayers could be eligible for refunds. Not just on the penalties themselves, but on the interest that piled up on top of those penalties.

The NTA isn’t being shy about this either. The office has pushed hard for the IRS to apply relief broadly instead of making people jump through hoops. They want systemic fixes, not case-by-case battles. And they’ve asked Congress to make sure procedural red tape doesn’t rob people of money they are owed.

There’s another wrinkle worth knowing about. Some refunds issued during 2020 through 2023 may have shortchanged taxpayers on interest because the IRS treated their returns as late. If Kwong holds up, you might be able to claim that missing interest, too.

Expats Had It Especially Rough

If you were living overseas when the pandemic hit, you know the chaos was next level. Borders slammed shut with no warning. People got stranded in countries they were just passing through. Others couldn’t get back to the places they’d been living for years.

Good luck reaching your accountant when consulates are closed, mail isn’t moving, and you’re dealing with a 12-hour time zone difference. Some folks couldn’t access their bank accounts. Others couldn’t get basic documents. And plenty of people were simply stuck, unable to go anywhere, when their filing deadlines rolled around.

Slapping penalties on taxpayers who were dealing with all of that? It misses the point entirely. The disaster relief rules exist for exactly these situations. The NTA has been clear: fair treatment means recognizing what people were actually going through.

You Need to File a Protective Claim

Here’s the practical part. If you want to preserve your right to get this money back, you have to file something called a protective claim. Think of it as a placeholder that keeps your options open while the legal dust settles.

For many people, the deadline is July 10, 2026, though it depends on the tax year involved. Don’t wait until the last minute to figure this out.

The good news is the paperwork isn’t complicated. You can use IRS Form 843 or just file an amended return. You need to list the tax years you’re claiming and note that your refund depends on how the Kwong case plays out. You don’t have to calculate the exact dollar amount right now. The whole point is just to get yourself on record before time runs out.

A Few Limitations to Know About

This relief is specifically about federal income taxes under the Internal Revenue Code. If you’re worried about Report of Foreign Bank and Financial Accounts (FBAR) penalties, that’s a different animal. FBARs fall under the Bank Secrecy Act, so Kwong doesn’t automatically help there. That said, you might still have a reasonable cause argument based on the same COVID disruptions.

State taxes? Every state did its own thing. Most offered some pandemic extensions, but those programs were separate and usually more limited than what we’re talking about here.

Conclusion

If there’s any chance this applies to you, file that protective claim now. Especially if you were overseas during the pandemic years. Once that deadline passes, the door closes for good.

Advancing Broadband, Tribal Land Mortgages and Affordable Single-Owner Housing Opportunities

3 min read

 Tribal Land MortgagesS.98: Rural Broadband Protection Act of 2025 – This bipartisan bill instructs the Federal Communications Commission (FCC) to establish a vetting process for service provider applicants applying for federal funding assistance for broadband deployment in high-cost areas, including rural communities. Sponsored by Sen. Shelley Moore Capito (R-WV) on Jan. 15, 2025, the bill passed in the Senate on June 26, 2025, and in the House on April 20, 2025. It was signed into law by the president on May 11, 2026.

S.723: Tribal Trust Land Homeownership Act of 2025 – Introduced by Sen. John Thune (R-SD) on Feb. 25, 2025, this bill requires the Bureau of Indian Affairs to complete the processing of all residential and business mortgages on Indian land by certain deadlines. It passed in the Senate on Dec. 11, 2025, in the House on March 4, and was enacted on May 4.       

A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress (SJ Res 185) – Well past the 60-day deadline for a president to legally engage in military hostilities abroad without congressional authorization, Sen. Tim Kaine (D-VA) introduced his resolution on April 27. The resolution would remove U.S. military troops from Iran unless explicitly authorized by Congress. On May 19, the resolution narrowly passed in the Senate Foreign Relations Committee, now moving to the Senate floor for debate and a full vote. The resolution faces an uphill battle in the House. However, even if the joint resolution cleared the Senate and the House, it is expected to be vetoed by the president and would require a two-thirds supermajority by both the Senate and the House to override the veto – which is unlikely at this point.          

21st Century ROAD to Housing Act (HR 6644) – This bipartisan, White House-endorsed bill addresses housing affordability by placing ownership restrictions on large institutional investors and expanding available financing for homebuyers. One provision would prohibit institutional investors/private equity firms that own more than 350 single-family homes from purchasing additional single-family homes – unless they are sold to individual homeowners after seven years. The act would impose a penalty of up to $1 million per violation or three times the purchase price of the property, whichever is greater. Other provisions waive regulations on community banks to help expand local lending. The bill was introduced by Rep. French Hill (R-AR) on Dec. 11, 2025. It passed in the House on Feb. 9, in the Senate with changes on March 12, and in the House again with changes on May 20. The bill is currently under consideration in the Senate for the second time.

 

What to Expect with an IRS Audit

5 min read

What to Expect with an IRS AuditIf the IRS sends notice that you’re being audited, you’re likely to become anxious. However, not all audits mean you did something wrong. In most cases, it is simply a matter of verifying information on a tax return or perhaps correcting a minor error. Knowing what to expect – and how to respond – can help alleviate stress and make the audit more manageable.

An IRS audit (also referred to as an examination) is a review of your records to confirm that the information on your tax return was reported accurately and follows tax law. The best way to prepare for an audit is to respond on time, present organized and complete records, be cooperative, and communicate professionally.

Technically, most audits are triggered via an automated scoring system referred to as the DIF, which stands for Discriminant Information Function. The system flags something on your tax return that stood out. This could be inconsistencies, missing income, unusually high deductions, or inputs that don’t match information the IRS already has. Here are three key facts about IRS timing for audits:

  • The IRS generally looks back three years based on the statute of limitations
  • Most audits are related to returns filed within the past two years
  • In cases of substantial errors, audits can extend up to the last six years, especially in cases where it is believed that more than 25 percent of gross income was omitted from the filing
  • There is no statute of limitations in cases of fraud or failure to file

The Audit Process

Almost all IRS audits start with a letter stating that your return has been selected for examination. This notice will be sent by mail – not a phone call, text, or email. The letter will include the name of your assigned reviewer, his or her IRS identification number, and phone number. You should call the IRS directly to verify this information, as scammers are known to impersonate the IRS to steal money or personal data.

You may be asked to provide a variety of specific documents based on what issue(s) triggered the audit. Be sure to provide copies, not originals. Depending on your situation, the requested documents could include:

  • Income records
  • Investment statements
  • Bank forms
  • Receipts and bills
  • Canceled checks
  • Legal documents (such as divorce or custody agreements)
  • Loan agreements and settlement statements
  • Travel logs, diaries, or ticket stubs
  • Medical and dental records
  • Theft or loss of documentation (insurance claims, photos, police reports)
  • Employment records
  • Schedule K-1 forms for partnerships or S corporations

The following are the three types of IRS Audits:

Correspondence Audit – These are the least complex and are conducted entirely by mail. Sometimes the IRS simply identifies a math error or missing income and asks for payment or clarification. You can either pay the amount due or respond with documentation if you believe the IRS is incorrect.

Office Audit – An office audit requires you to visit an IRS office with the requested records. You will receive an Information Document Request (IDR) form detailing what to bring. Showing up with organized records can help resolve these audits quickly.

Field Audit – The field audit is the most extensive. An IRS agent will come to your home or business to review records. Although you will receive an IDR in advance, the agent may decide to escalate the review if he notices any “large, unusual or questionable” (LUQ) items.

The key points to remember are that poor recordkeeping and/or lack of cooperation tend to trigger a more detailed and time-consuming audit.

Once the Audit Is Complete

After the audit, the IRS will issue a report describing its findings. It may determine that no changes are necessary to your return; that you owe additional tax; or that you may be owed a refund. Should you disagree with the findings, you have options:

  • Request to meet with an IRS manager
  • Use mediation or alternative dispute resolution
  • File an appeal with the IRS
  • Take the case to court if necessary

If you agree with the audit findings, you’ll need to sign the examination report and choose from various payment options if you owe any taxes.

The Audit Process
Almost all IRS audits start with a letter stating that your return has been selected for examination. This notice will be sent by mail – not a phone call, text, or email. The letter will include the name of your assigned reviewer, his or her IRS identification number, and phone number. You should call the IRS directly to verify this information, as scammers are known to impersonate the IRS to steal money or personal data.You may be asked to provide a variety of specific documents based on what issue(s) triggered the audit. Be sure to provide copies, not originals.
Once the Audit Is Complete
After the audit, the IRS will issue a report describing its findings. It may determine that no changes are necessary to your return; that you owe additional tax; or that you may be owed a refund. Should you disagree with the findings, you have options:Request to meet with an IRS managerUse mediation or alternative dispute resolutionFile an appeal with the IRSTake the case to court if necessaryIf you agree with the audit findings, you’ll need to sign the examination report and choose from various payment options if you owe any taxes.