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Employee Credit Lawsuit Persists, IRS Challenge Fails

Employee Credit Lawsuit Persists, IRS Challenge Fails

A lawsuit by Ohio-based First Source Employee Management seeks over $20 million in unpaid COVID-era Employee Retention Credit refunds for 2021. The court allowed the refund claim to proceed but dismissed its challenge to IRS guidance, specifically Notice 2021-20, under the Administrative Procedure Act. The judge found that while delayed payments constituted an injury, the company lacked standing to prevent the IRS from using the notice in the future, and existing remedies made an APA challenge unnecessary. The case clarifies that taxpayers can pursue refund claims but face procedural limits on challenging IRS guidance.

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