Many, Many Out There Are Deer in the Headlights
... and Don’t Even Know It!
Covid ERC in 2026 – Picking Up the Pieces: Which are Ticking Time Bombs? with Bradley Burnett, J.D., LL.M. July 8, 2026. 9:30 ~ 12:30 EDT 3 NASBA CPE $149
also IRS CE Course # IVYPC-T-00009-26-O
Believe it or not, in 2026, Covid ERC tax issues are sizzling and popping like bacon on a hot griddle. The income tax (wage deduction) hair-of-the-dog timing issue is real as can be. Court cases are bursting left and right telling us who actually qualifies for ERC and who is cooked.
Most Covid ERC claims are still sitting out there unresolved with imminent action needed by the taxpayer and/or practitioner. Not much of anyone is helping to resolve Covid ERC unfinished business. In 2021-2024, Covid ERC was the hottest topic going. 70-80% of business tax practitioners nationally had a client claiming ERC.
Covid ERC’s interaction with the federal income tax deduction for wages continues to rock America. Congress wrote a vague rule that the income tax deduction for wages must be reduced by Covid ERC. Chaos broke out over that vague rule. Compliance response was all over the board. IRS continues to meddle in the matter.
Masses of American employers, seeking to survive Covid, filed claims for ERC. IRS has not yet refunded most of those claims. This leaves most employers in the lurch. What to do now in the face of it? Must a taxpayer act soon (now) to protect their rights? Federal court cases are surfacing interpreting Covid ERC provisions. How are taxpayers faring in the early going?
What should an employer (that claimed ERC) do next? Is it worth pouring additional resources into pursuing a refund? How may one (at this point in time) diagnose the merits of a prior filed ERC claim? Is it too late to file a Covid ERC claim? How do income tax related issues play out in the face of it all?
How many of the following questions can you confidently answer?
1. If a business filed for ERC, but IRS has not paid a refund, what are the business’ choices as to what to do next? By when?
2. If a business filed for ERC, but IRS has rejected all of it, what are the business’ choices as to what do next? By when?
3. If a business filed for ERC, but IRS has paid part and rejected part, what does the business do next? By when?
4. What to do if you claimed ERC and shouldn’t have? If a business filed for (but did not rightfully qualify for) ERC and IRS paid it, what does the business do next? By when?
5. How have the federal courts interpreted taxpayers’ eligibility for Covid ERC? Do these early cases bode well or poorly for taxpayers? Which criteria are the fed courts following and which are they ignoring? How do these “early indicators” influence a taxpayer’s view as to how to proceed? Which type of cases are a good bet for refund? Which are suspect?
6. How has recent IRS guidance re: reducing a federal income tax deduction for wages? Is IRS’s such guidance compelling, correct or credible? Does the Tax Benefit rule really apply here?
7. How long does IRS have available to go after a taxpayer for a ERC related income tax deficiency?
8. How long does IRS have available to go after a taxpayer for an ERC-related employment tax deficiency?
9. Is it too late to file an ERC claim (surprisingly)?
10. How has known enforcement gone against errant practitioners who claimed ERC on behalf of clients?
CPE Credits: 3 CPE
Field of Study: Taxes
Level: Intermediate
Prerequisites: Basic familiarity with tax compliance
Delivery Method: Group Internet Based
Recommended Audience: Companies and Clients with Outstanding ERC claims, tax preparers, EAs, OTRP
About the Presenter
Bradley Burnett, J.D., LL.M., is a practicing tax attorney, licensed in Colorado, with 38 years of tax practice experience. His practice emphasis is on tax planning and tax controversy resolution. Prior to establishing his own law firm in 1990, he practiced tax accounting with national and local CPA firms, worked as a trust officer for a Denver bank, and managed the tax department as partner in a medium-sized Denver law firm. After receiving his undergraduate degree in accounting and law degree (J.D.), he earned a Master of Laws (LL.M.) in Taxation from the University of Denver School of Law Graduate Tax Program.
Mr. Burnett has delivered more than 3,400 presentations on U.S. tax law throughout all 50 states, Washington, D.C., the Bahamas, Italy, Greece, Turkey and Canada. He has authored texts of 45 CPE courses. Mr. Burnett served as adjunct professor at the University of Denver School of Law Graduate Tax Program, where he pioneered an employment tax course and taught IRS practice and procedure. He has appeared on television answering tax questions for call-in viewers of Denver NBC affiliate KUSA Channel 9. Brad received the Illinois Society of CPAs Instructor Excellence Award for teaching in Chicago and five times has been the top rated, most requested instructor for CPA Society annual tax conferences.
About the SponsorThe CPA Trendlines Academy (Thomas Advisors LLC d/b/a), #170718, is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors via its website at nasbaregistry.org.
