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    405-237-0257

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You may have seen recent news articles discussing the court case Kwong v. United States and the possibility that some taxpayers could be entitled to refunds of certain IRS penalties and interest assessed during the COVID-19 disaster period.

This post is intended to provide general information only. We are not providing individual eligibility determinations or preparing claims related to this matter.

What Is the Kwong Case?

In Kwong v. United States, the court concluded that certain tax deadlines may have been suspended during the federal COVID-19 disaster period. As a result, some penalties and interest assessed by the IRS during that time may have been improper. The decision is still subject to further legal proceedings, and the IRS has not issued final guidance adopting the court's interpretation.

Who Might Be Affected?

The issue may affect taxpayers who were assessed certain IRS penalties or interest during the COVID-19 disaster period, generally from January 20, 2020, through July 10, 2023. Potentially affected taxpayers may include:

Individual taxpayers
Business owners
Partnerships
S Corporations
Trusts and estates
Employers with payroll tax penalties

Eligibility depends on the specific facts of each case.

Important Deadline

Many discussions surrounding the case indicate that taxpayers who believe they may be affected should review their situation before July 10, 2026. Taxpayers who fail to act before applicable deadlines may lose any potential rights to a refund or abatement if the courts ultimately uphold the decision.

What Should Taxpayers Do?

The most comprehensive source of information currently available is the Taxpayer Advocate Service (TAS), an independent organization within the IRS.

For information about the case, eligibility considerations, and potential filing procedures, please visit:

Taxpayer Advocate Service (TAS)
TAS News and Information Center
NTA Blog: Protect Your Potential COVID-19 Disaster Relief Refunds By Filing Formal or Protective Claims for Refund (Part III)
NTA Blog: Beyond Penalties and Interest – How Kwong May Affect Missed Tax Refunds (Part IV)

Our Firm's Role

At this time, there is generally nothing that a tax preparer can do on a taxpayer's behalf to automatically obtain relief. Taxpayers who believe they may be affected must review their own circumstances and determine whether they wish to pursue a claim. Any required forms or protective claims must be filed by the taxpayer.

Because this matter involves ongoing litigation and evolving guidance, we are not providing consultations, eligibility reviews, transcript analyses, or claim preparation services related to the Kwong case.

If you believe you may be affected, we encourage you to review the information published by the Taxpayer Advocate Service and follow the instructions provided there.

Disclaimer: This article is provided for informational purposes only and should not be construed as legal or tax advice. The legal issues surrounding Kwong v. United States remain unsettled, and future court decisions or IRS guidance could change the outcome. Taxpayers should review official IRS and Taxpayer Advocate Service resources for the most current information.

Kwong v. United States: Potential Refund Claims for COVID-Era IRS Penalties and Interest

Information for 2025 Tax Season 

Things to consider for the 2025 tax filing season and beyond from the "One Big Beautiful Bill Act": (Information from the July 14, 2025 IRS Update)


“No Tax on Tips”

  • New deduction: Effective for 2025 through 2028, employees and self-employed individuals may deduct qualified tips received in occupations that are listed by the IRS as customarily and regularly receiving tips on or before December 31, 2024, and that are reported on a Form W-2, Form 1099, or other specified statement furnished to the individual or reported directly by the individual on Form 4137.
    • “Qualified tips” are voluntary cash or charged tips received from customers or through tip sharing.
    • Maximum annual deduction is $25,000; for self-employed, deduction may not exceed individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.
    • Deduction phases out for taxpayers with modified adjusted gross income over $150,000 ($300,000 for joint filers).
  • Taxpayer eligibility: Deduction is available for both itemizing and non-itemizing taxpayers.
    • Self-employed individuals in a Specified Service Trade or Business (SSTB) under section 199A are not eligible. Employees whose employer is in an SSTB also are not eligible.
    • Taxpayers must:
      • include their Social Security Number on the return and
      • file jointly if married, to claim the deduction.
  • Reporting: Employers and other payors must file information returns with the IRS (or SSA) and furnish statements to taxpayers showing certain cash tips received and the occupation of the tip recipient.
  • Guidance: By October 2, 2025, the IRS must publish a list of occupations that “customarily and regularly” received tips on or before December 31, 2024.
    • The IRS will provide transition relief for tax year 2025 for taxpayers claiming the deduction and for employers and payors subject to the new reporting requirements.​ 

“No Tax on Overtime”

  • New deduction: Effective for 2025 through 2028, individuals who receive qualified overtime compensation may deduct the pay that exceeds their regular rate of pay – such as the “half” portion of “time-and-a-half” compensation -- that is required by the Fair Labor Standards Act (FLSA) and that is reported on a Form W-2, Form 1099, or other specified statement furnished to the individual.
    • Maximum annual deduction is $12,500 ($25,000 for joint filers).
    • Deduction phases out for taxpayers with modified adjusted gross income over $150,000 ($300,000 for joint filers).
  • Taxpayer eligibility: Deduction is available for both itemizing and non-itemizing taxpayers.
    • Taxpayers must:
      • include their Social Security Number on the return and
      • file jointly if married, to claim the deduction.
  • Reporting: Employers and other payors are required to file information returns with the IRS (or SSA) and furnish statements to taxpayers showing the total amount of qualified overtime compensation paid during the year.
  • Guidance: The IRS will provide transition relief for tax year 2025 for taxpayers claiming the deduction and for employers and other payors subject to the new reporting requirements.

“No Tax on Car Loan Interest”

  • New deduction: Effective for 2025 through 2028, individuals may deduct interest paid on a loan used to purchase a qualified vehicle, provided the vehicle is purchased for personal use and meets other eligibility criteria. (Lease payments do not qualify.)
    • Maximum annual deduction is $10,000.
    • Deduction phases out for taxpayers with modified adjusted gross income over $100,000 ($200,000 for joint filers).
  • Qualified interest: To qualify for the deduction, the interest must be paid on a loan that is:
    • originated after December 31, 2024,
    • used to purchase a vehicle, the original use of which starts with the taxpayer (used vehicles do not qualify),
    • for a personal use vehicle (not for business or commercial use) and secured by a lien on the vehicle.


If a qualifying vehicle loan is later refinanced, interest paid on the refinanced amount is generally eligible for the deduction.


  • Qualified vehicle: A qualified vehicle is a car, minivan, van, SUV, pick-up truck or motorcycle, with a gross vehicle weight rating of less than 14,000 pounds, and that has undergone final assembly in the United States.
  • Final assembly in the United States: The location of final assembly will be listed on the vehicle information label attached to each vehicle on a dealer's premises. Alternatively, taxpayers may rely on the vehicle’s plant of manufacture as reported in the vehicle identification number (VIN) to determine whether a vehicle has undergone final assembly in the United States.
    • The VIN Decoder website for the National Highway Traffic Safety Administration (NHTSA) provides plant of manufacture information. Taxpayers can follow the instructions on that website to determine if the vehicle’s plant of manufacture was located in the United States.
  • Taxpayer eligibility: Deduction is available for both itemizing and non-itemizing taxpayers.
    • The taxpayer must include the Vehicle Identification Number (VIN) of the qualified vehicle on the tax return for any year in which the deduction is claimed.
  • Reporting: Lenders or other recipients of qualified interest must file information returns with the IRS and furnish statements to taxpayers showing the total amount of interest received during the taxable year.
  • Guidance: The IRS will provide transition relief for tax year 2025 for interest recipients subject to the new reporting requirements.


"Deduction for Seniors"

  • New deduction: Effective for 2025 through 2028, individuals who are age 65 and older may claim an additional deduction of $6,000. This new deduction is in addition to the current additional standard deduction for seniors under existing law.
    • The $6,000 senior deduction is per eligible individual (i.e., $12,000 total for a married couple where both spouses qualify).
    • Deduction phases out for taxpayers with modified adjusted gross income over $75,000 ($150,000 for joint filers).
  • Qualifying taxpayers: To qualify for the additional deduction, a taxpayer must attain age 65 on or before the last day of the taxable year.
  • Taxpayer eligibility: Deduction is available for both itemizing and non-itemizing taxpayers.
    • Taxpayers must:
      • include the Social Security Number of the qualifying individual(s) on the return, and
      • file jointly if married, to claim the deduction.