Recent decisions in Kwong v. United States from the U.S. Court of Federal Claims and Abdo v. Commissioner from the U.S. Tax Court could significantly affect IRS disaster-relief authority, taxpayer rights and certain penalty and interest assessments tied to the COVID-19 federally declared disaster period.
This session will break down the courts’ reasoning in Kwong and Abdo and explore what those decisions may mean for IRS enforcement authority, penalty abatements, refund claims, interest calculations and statute-of-limitations analyses. Attendees will also receive practical guidance on identifying potentially affected clients, evaluating refund or abatement opportunities and determining appropriate next steps, including when protective refund claims may be appropriate. .
Objectives
Upon completion of this session, you will be able to:
Analyze the implications of the Kwong and Abdo decisions for IRS authority to assess or retain certain penalties and interest during disaster-related postponement periods
Identify potential refund and abatement opportunities, including statute of limitations considerations, for taxpayers affected by pandemic-era tax deadlines
Evaluate practical strategies for preserving taxpayer rights, including when protective refund claims may be appropriate
Assess unresolved issues, litigation risks and IRS response considerations that may affect planning, compliance and controversy strategy as the legal landscape develops
