With the IRS ERC moratorium still in effect, employers are carefully considering their options including litigation. Recently, the IRS indicated it was prioritizing low-risk claims while flagging others as problematic. With no clear end in sight for the moratorium, some employers are now considering litigation to obtain their ERC refund.

Law360 covered the topic on July 8, 2024, in which Gray Reed Partner Matt Roberts was interviewed. Matt is a tax litigator and trusted advisor with considerable experience helping U.S. and international clients successfully resolve all types of federal tax controversies, from tax audits and investigations to litigation, appeals, and collection matters. Having served nearly three years as an attorney-advisor to the Chief Judge of the U.S. Tax Court in Washington D.C., Matt brings unique insight to navigating intricate government processes and developing innovative and cost-effective solutions to his clients’ tax problems.

In the article, Matt shared some of the frustrations his clients had experienced with the ERC.  Matt also suggested that these frustrations, shared by many taxpayers, would likely result in additional lawsuits against the government.  He told Law360:  “I think people’s patience is wearing thin.”    

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