Take Action On Your ERC Refund
The IRS has 1.4M+ ERC claims stuck in limbo — and they have no legal deadline to process yours. Waiting won’t get you paid. But you have options. You can file a lawsuit against the IRS to take your claim out of their hands and into the hands of a federal judge.
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Is ERC Fast Track Recovery Right For You?
Who Should Consider Taking Legal Action?
- Your ERC claim is $500,000+
- Your business depends on a physical location and employees to operate.
- You experienced a clear financial or operational impact due to COVID-19.
- You can document your ERC eligibility through revenue losses, capacity reductions, or employee testimony.
Why Litigation is the Best Path Forward
- The IRS has no legal deadline to process your ERC refund.
- If your claim has been ignored for 6+ months, you can take your case to federal court.
- Filing a lawsuit forces the government to respond—businesses that take legal action are seeing faster resolutions.
- The IRS would rather settle ERC cases quickly than risk losing in court.
Find out if legal action is right for you.
How to Accelerate and Protect Your ERC Claim
SECURE YOUR REFUND
We save you money in the current tax year and create savings that will undoubtedly send a ripple through the coming years. In the long run, thousands of dollars will grow to hundreds of thousands, then millions in savings.
GET PAID
We help you keep more money in your pockets for investing, saving, or anything else that contributes to a good life. Our attorneys strive to reduce your lifetime tax liability by implementing different legal tax optimization strategies.
CLARITY AND RESOLUTION
We work with you to ensure every item is correctly captured on your tax returns allowing you to enjoy greater peace of mind.
What Else Should I Know?
Here are some indicators that litigation could be right for you:
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Large Claim Size: Your ERC claim is $250,000 or more, ideally $500,000 or more. The larger your claim, the more likely the IRS will take it seriously and be motivated to resolve it.
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Business Structure: Your business is dependent on a physical location or human capital for producing goods or services. This could include businesses in industries like retail, hospitality, or manufacturing.
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Impact from COVID-19: Your business was impacted by government orders related to COVID-19. While the IRS safe harbor provides guidance, it is not a guarantee. However, businesses that experienced a drop in revenue of more than 10% or struggled to produce goods or services are more likely to qualify.
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Documented Impact: You can provide evidence of the impact on your business, such as financial records, operational information, or employee witness statements. The more concrete your evidence, the stronger your case.
- ERC is different—litigation offers a unique strategic advantage.
- The IRS is settling cases quickly to avoid losing in court and setting a national precedent.
- Federal judges often side with businesses impacted by COVID-19 restrictions, especially with clear documentation.
- You can choose a jury trial in federal district court if needed.
- Now is the right time—the government wants to avoid a wave of lawsuits.
- Litigation moves your claim forward faster than waiting on the IRS.
- File Your Refund Claim – Submit Forms 941-X within the legal deadline.
- Wait 6 Months – If the IRS doesn’t respond, you can take legal action.
- File a Lawsuit – Sue in federal district court or the Court of Federal Claims.
- Exchange Documents – Both sides share info and assess the claim.
- Negotiate Settlement – Many cases settle through mediation or arbitration.
- Summary Judgment – If no settlement, the court may decide based on written submissions.
- Trial (If Needed) – Present your case in court.
- Decision – Judge or jury makes the final ruling.
WE KNOW OUR STUFF
While most ERC processors lack tax expertise and understanding of IRS negotiations, our team stands apart. We have spent the entirety of our years in business dealing with the IRS, helping clients negotiate payment plans, guiding clients through audits, and appealing audit decisions. Our team understands ERC and the IRS, giving us a clear advantage when it comes to ERC litigation.
PROVEN SUCCESS
At Brotman Law, we have a proven track record of success in tax litigation and controversy resolution. We have represented clients in complex tax matters, including federal court cases, where we’ve demonstrated our ability to secure favorable outcomes. Our experience navigating these intricate legal processes allows us to offer clients reliable and strategic solutions to their ERC claims.
TAILORED APPROACH
We understand that every business is unique, and your ERC case deserves a personalized approach. Unlike larger firms that treat cases like a number, we take the time to understand your business’s specific needs and challenges. By tailoring our strategy to your circumstances, we ensure that we’re giving you the best possible chance at a timely and favorable resolution.
Our Clients Will Tell You: We Get Results.
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Set up a quick call with our firm’s concierge to see if we’ll be able to help you. The whole process will take 15 minutes or less.
STILL HAVE QUESTIONS?
No, filing a lawsuit against the IRS does not put you on a federal watchlist or expose you to retaliation. It is your legal right to pursue litigation, and the process is impartial, with cases handled by federal judges who are neutral parties.
Litigation offers a way to move your case forward by taking it out of the IRS’s hands and placing it before a neutral federal judge. The IRS is often slow to act, and federal court has shown a willingness to settle ERC cases more quickly than the IRS would process them.
Brotman Law has extensive experience with tax controversy and IRS negotiations. Our team is well-versed in handling ERC claims and understands the legal strategies needed to navigate the complexities of the IRS, giving us a clear advantage in ERC litigation.