Covid‑19 Credit Deadline Crunch Pushes Businesses to Risky Suits

Covid‑19 Credit Deadline Crunch Pushes Businesses to Risky Suits

Managing Member Guinevere Moore is featured in the Bloomberg article “Covid‑19 Credit Deadline Crunch Pushes Businesses to Risky Suits.”

With many ERC claimants nearing the two‑year deadline to file refund litigation, Guinevere highlights a critical alternative: Form 907 agreements, which extend the review period for disallowed refunds and give taxpayers time to see how case law develops before committing to litigation.

Guinevere cautions that early ERC cases could set a precedent that harm taxpayers long‑term:

“There’s a very well‑known adage, ‘bad facts make bad law.’ I hope that courts are fearful to not make sweeping statements.”

Guinevere also underscores her concern that ERC eligibility is being interpreted far too narrowly by both courts and the Internal Revenue Service, resulting in an overly restrictive view of partial suspension and undermining the credit’s intended purpose as broad emergency relief.

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