ERC Opinions Yield Mixed Results For Essential Businesses

In her latest article for Forbes, “ERC Opinions Yield Mixed Results For Essential Businesses,” Managing Member Guinevere Moore writes about two recent federal court decisions issued on the same day. The decisions highlight the growing legal debate over Employee Retention Credit (ERC) eligibility and the IRS’s increasingly narrow interpretation of the CARES Act.

“The CARES Act requires that ERC claims not based on a decline in gross receipts or a recovery start-up business that experienced a partial or complete suspension must be “due to” a government order. It does not define what constitutes a government order.”

Guinevere is a Forbes contributor for IRS Watch, a dream team of tax controversy litigators and taxpayer advocates who are keeping watch on IRS positions and trends as influenced by regulatory changes, Congress, and the Courts.

ALL News