Bradley Burnett: ERC Trap Threatens Thousands of Taxpayers

Bradley Burnett

While cases stall, the right to sue could expire.

By CPA Trendlines Research

Thousands of business taxpayers still battling Employee Retention Credit disallowances could lose their right to sue the IRS in 2026 because the two-year refund-suit deadline keeps running while cases sit in IRS examination or Appeals, a risk tax attorney Bradley Burnett calls part of a “colossal mess” of statute traps, litigation risks and unresolved audits.

The National Taxpayer Advocate estimates roughly 28,000 taxpayers may be affected, prompting the IRS to roll out a special Form 907 extension process for certain ERC claimants approaching the deadline.

CPE WEBINAR

Covid ERC in 2026: Picking Up the Pieces: Which Are Ticking Time Bombs?

With Bradley Burnett, J.D., LL.M.

Thursday, June 18, 1-4 p.m. ET

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“What is left … a colossal mess,” Burnett tells CPA Trendlines Academy attendees. “Some of those broken pieces out there may be time bombs.”

The filing window has closed. The refund fights have not.

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Ten Tax Issues That Add New Revenue

Plus four “how much” questions you can put numbers to.

By Ed Mendlowitz
How to Build a Stronger Tax Practice

As you see each tax prep client you should keep a list of additional services you can offer them. Also, continue this list when you review each return.

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I prepare a list of follow-up items during a tax season on my Microsoft Outlook task list. These items are entered as the issue or idea arises. It is simple, quick and very satisfying. The next job will be to make the time to follow up with the client, and do your “good deed.”
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