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Complaint — Alliance Collection Agencies, Inc. v. United States of America (Dkt. 1, W.D. Wis.)

Summary

A complaint by Alliance Collection Agencies, Inc. and Healthcare Business Services, Inc. against the United States, Case No. 3:26-cv-1009, in the U.S. District Court for the Western District of Wisconsin, filed October 8, 2026 as Document #: 1. The plaintiffs seek refunds of employee retention credits for 2021 quarters, describing the credit as 70 percent of qualified wages up to $7,000 per employee per quarter. They state that the IRS disallowed their refund claims in Letters 105C dated between August 19, 2024 and April 10, 2026, and that the suit is timely under IRC Section 6532(a)(1). They ask for judgment of $1,127,672.90 for Alliance and $209,632.92 for HBS, with interest.

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Filed October 8, 2026 in Alliance Collection Agencies, Inc. v. United States of America; one of 1 filings from this case.

Record facts

CourtU.S. District Court for the Western District of Wisconsin
Filed2026-10-08

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“Complaint — Alliance Collection Agencies, Inc. v. United States of America (Dkt. 1, W.D. Wis.).” U.S. District Court for the Western District of Wisconsin, No. 3:26-cv-01009, Doc. 1, filed 2026-10-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-united-states-of-america-wiwd-74935752/2026-10-08-gov-uscourts-wiwd-74935752-1-0-doc-1/, SHA-256 ebdaa6bfc6b916565f41c3a1e896cf2e9adaef10961bb49ee6255fa89d0dd3b3.

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Case: 3:26-cv-01009-wmc     Document #: 1     Filed: 10/08/26    Page 1 of 22




                   UNITED STATES DISTRICT COURT
                   WESTERN DISTRICT OF WISCONSIN

 ALLIANCE COLLECTION
 AGENCIES, INC. and
 HEALTHCARE BUSINESS
 SERVICES, INC.

                Plaintiffs,                    Case No. 3:26-cv-1009

 v.                                            Hon.

 UNITED STATES OF AMERICA

               Defendant.
 D. Andrew Portinga (P55804)
 Bryce C. Akins (P88780)
 Amanda L. Rauh-Bieri (P83615)
 MILLER JOHNSON
 Attorneys for Plaintiffs
 45 Ottawa Ave. SW, Suite 1100
 Grand Rapids, MI 49503
 (616) 831-1700
 portingaa@millerjohnson.com
 akinsb@millerjohnson.com
 rauhbieria@millerjohnson.com




                                      Complaint

       Alliance Collection Agencies, Inc. (“Alliance”) and Healthcare Business

Services, Inc. (“HBS”) (collectively, “Plaintiffs”) state the following Complaint against

the United States of America (“Defendant”):

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                                      Overview

      1.     This is a suit for a tax refund. Plaintiffs are entitled to, but did not

receive, refunds due to employee retention tax credits. Alliance is entitled to such

credits and refunds for the first, second and third quarters of 2021, and HBS is

entitled to such credits and refunds for the third quarter of 2021.

                      The Parties, Jurisdiction, and Venue

      2.     Alliance is a third-party debt collection agency with its principal place

of business in Marshfield, Wisconsin.

      3.     HBS is a first-party revenue cycle management company with its

principal place of business in Marshfield, Wisconsin.

      4.     Plaintiffs specialize in revenue cycle management and in recovery of

past-due accounts for healthcare providers (e.g., hospitals, physicians, and medical

systems).

      5.     This Court has jurisdiction over this matter because these claims are

against the United States of America and brought under federal law. This Court

specifically has jurisdiction pursuant to 28 U.S.C. §§ 1331 (civil action arising under

the Constitution, laws, or treaties of the United States), 1340 (civil action arising

under Act of Congress providing for internal revenue), and 1346(a)(1) (civil action

against United States for recovery of tax or other sum wrongfully collected under

internal revenue laws); and 26 U.S.C. § 7422 (civil action for refund).

      6.     Venue is proper in the Western District of Wisconsin pursuant to 28

U.S.C. §§ 1391 and 1402(a), as each of the Plaintiffs is a for-profit corporation with

its principal place of business in Marshfield, Wisconsin, within this District.

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      7.     Plaintiffs   have   satisfied   all   administrative      and   jurisdictional

requirements for filing this lawsuit.

      8.     Alliance timely filed a claim for refund (Form 941-X) for the first quarter

of 2021.

      9.     Alliance timely filed a claim for refund (Form 941-X) for the second

quarter of 2021.

      10.    Alliance timely filed a claim for refund (Form 941-X) for the third

quarter of 2021.

      11.    HBS timely filed a claim for refund (Form 941-X) for the third quarter

of 2021.

      12.    In a Letter 105C dated August 19, 2024, Defendant disallowed Alliance’s

claim for refund for the first quarter of 2021.

      13.    In a Letter 105C dated April 10, 2026, Defendant disallowed Alliance’s

claim for refund for the second quarter of 2021.

      14.    In a Letter 105C dated October 17, 2024, but which IRS transcripts

indicate was not mailed until October 28, 2024, Defendant disallowed Alliance’s claim

for refund for the third quarter of 2021.

      15.    In a Letter 105C dated December 10, 2024, Defendant disallowed HBS’s

claim for refund for the third quarter of 2021.

      16.    Pursuant to Internal Revenue Code (IRC) Section 6532(a)(1), a suit for

refund must be filed within two years of the date a claim for refund is disallowed,

unless the parties agree to an extension of that limitations period.

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      17.    This suit is within two years of the date the Internal Revenue Service

(“IRS”) disallowed Plaintiffs’ claims for refund for the second quarter of 2021 and the

third quarter of 2021.

      18.    Defendant and Alliance signed Form 907 (Exhibit 1) in which they

stipulated to the extension of the time for filing a suit for refund for the first quarter

of 2021 until August 19, 2027.

      19.    This suit is, therefore, timely with respect to all of the Plaintiffs’ claims

for refund for all of the stated quarters.

      20.    Alliance timely requested an Appeals Conference with respect to the

IRS’s disallowances of Alliance’s claims for refunds for the first quarter of 2021, the

second quarter of 2021, and the third quarter of 2021.

      21.    HBS timely requested an Appeals Conference with respect to the IRS’s

disallowance of HBS’s claim for refund for the third quarter of 2021.

      22.    The IRS, however, granted an Appeals Conference only to Alliance and

only for the first quarter of 2021, and recently stated that it could not locate Alliance’s

requests for an Appeals Conference for the second quarter of 2021 or the third quarter

of 2021.

      23.    With respect to the second quarter of 2021 and the third quarter of 2021,

the IRS’s failure to grant Alliance or HBS an Appeals Conference and the IRS’s loss

of Alliance’s requests for Appeals Conferences have forced Plaintiffs to commence this

action.

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         24.   Defendant can be served through the United States Attorney for the

Western District of Wisconsin.

                          The Employee Retention Credit

         25.   The Employee Retention Credit (“ERC”) was enacted under Section

2301 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Pub.

L. No. 116-136, 134 Stat. 281 (2020), to encourage businesses to retain employees

during the economic disruptions caused by the COVID-19 pandemic.

         26.   The ERC was subsequently amended, extended, and modified for the

periods in question (among others) by Sections 206 and 207 of the Taxpayer Certainty

and Disaster Tax Relief Act of 2020 (enacted as Division EE of the Consolidated

Appropriations Act, 2021, Pub. L. No. 116-260), and Section 9651 of the American

Rescue Plan Act of 2021 (“ARPA”), Pub. L. No. 117-2 (codified at I.R.C. § 3134).

         27.   For the first, second and third quarters of 2021, an employer is entitled

to a refundable tax credit (against the employer’s share of Medicare or Social Security

taxes) equal to 70 percent of qualified wages paid to each employee, up to a maximum

credit of $7,000 per employee per quarter.

         28.   Under I.R.C. § 3134, an employer qualifies for the ERC in 2021 if it

carried on a trade or business during the calendar quarter and satisfied one of two

tests (which are described below): (i) the “Gross Receipts Test” or (ii) the “Suspension

Test.”

         29.   For each of the periods in question, an employer satisfied the Gross

Receipts Test if the employer experienced a significant decline in gross receipts,

defined as gross receipts for the calendar quarter that were less than 80 percent of

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the gross receipts for the same calendar quarter in calendar year 2019 (or met the

alternative safe harbor look-back quarter election).

      30.    For each of the periods in question, an employer satisfied the Suspension

Test if the employer’s trade or business operations were fully or partially suspended

due to applicable government orders, related to COVID-19, that limited commerce,

travel, or group meetings.

      31.    A reduction in gross receipts for 2021 due to COVID-19 orders was

relevant to both the Gross Receipts Test and the Suspension Test.

                               Factual Background

      32.    For purposes of the Gross Receipts Test for the periods in question,

Alliance and HBS were aggregated entities because of common ownership. That is,

the Gross Receipts Test was to be applied based on their combined gross receipts.

      33.    Alliance and HBS’s combined gross receipts were down for the quarters

in question (when compared to the corresponding quarters in 2019) as follows:

             Quarter in 2021     Percentage Reduction

             1st Quarter         21.21%

             2nd Quarter         27.39%

             3rd Quarter         29.77%

      34.    Thus, Alliance and HBS satisfied the primary Gross Receipts Test for

the first, second and third quarters of 2021.

      35.    For the first and second quarters of 2021, the IRS agreed with and

allowed HBS’s ERC claims for refund, which were based solely on Alliance and HBS

satisfying the Gross Receipts Test on an aggregated basis.

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      36.    The Gross Receipts Test for Alliance and HBS for the first and second

quarters of 2021 was the same test. That is, if HBS satisfied it, Alliance satisfied it.

      37.    There is an alternative Gross Receipts Test. In IRS Notices 2021-23 and

2021-49, which are binding on the IRS (but not on Plaintiffs), the IRS provided for an

alternative test, the “Alternative Quarter Election Test,” pursuant to which an

employer could satisfy the Gross Receipts Test by comparing the quarter prior to the

quarter in question to the corresponding 2019 quarter. For example, with respect to

the first quarter of 2021, Plaintiffs would be allowed to elect to compare their fourth

quarter of 2020 receipts to their gross receipts for the fourth quarter of 2019.

      38.    Alliance and HBS, on an aggregated basis, satisfied the Alternative

Quarter Election Test for the first quarter of 2021 (a 29.2% reduction in gross

receipts), the second quarter of 2021 (a 21.21% reduction in gross receipts), and the

third quarter of 2021 (a 27.39% reduction in gross receipts).

         Effect of Reduction in Gross Receipts on the Suspension Test

      39.    For the periods in question, a reduction in gross receipts may also be

relevant to the determination of whether an employer satisfied the Suspension Test.

      40.    In IRS Notice 2021-20, which is binding on the IRS (but not on

Plaintiffs), the IRS stated that a suspension of operations (a “Suspension”) under the

Suspension Test must have had more than a nominal effect on the employer’s

business overall, or on a significant activity of the employer.

      41.    In Notice 2021-20 (which is binding on the IRS but not on Plaintiffs), the

IRS conceded that a 10% reduction in an employer’s overall gross receipts or gross

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receipts from a significant activity, if due to a governmental order, was more than a

nominal effect for Suspension Test purposes.

          42.   Each of Alliance and HBS suffered, overall, more than a 10% reduction

in gross receipts due to governmental orders and, therefore, satisfied the IRS

Suspension Test requirement that governmental orders have more than a nominal

effect.

          43.   Additionally, in Notice 2021-20, the IRS conceded that if one member of

an aggregated group suffered a full or partial Suspension, all members of the

aggregated group are deemed to have suffered a Suspension.

          44.   Each of Alliance and HBS suffered a full or partial Suspension.

          45.   Alliance derives gross receipts from fees it receives for collecting

consumer medical debt for services provided by its healthcare clients. Alliance’s core

business before, during and after COVID was and is the collection of medical debt

placed with Alliance for collection.

          46.   Alliance’s core business was significantly harmed during COVID.

Alliance’s fees from this business were down during the quarters in question by far

more than the percentage required to satisfy the IRS’s more-than-nominal-effect

threshold.

          47.   Pre-COVID, Alliance also earned substantial revenue from managing

collection litigation matters. During 2020 and 2021, Alliance was forced to entirely

shut down that portion of its business, which resulted in a 100% reduction in gross

receipts from that business for the periods in question.

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       48.    Those numbers satisfy the IRS requirement of the Suspension Test that

the government orders must have had more than a nominal effect.

                               The Applicable Orders

       49.    As stated previously, Plaintiffs were aggregated for ERC purposes and,

therefore, a Suspension suffered by either Plaintiff is deemed to have been suffered

by both Plaintiffs.

       50.    Plaintiffs work closely with their healthcare business partners.

       51.    Plaintiffs’ businesses are essentially tied to the businesses of their

healthcare business partners.

       52.    For that reason, COVID-related governmental orders that affected

Plaintiffs’ business partners affected Plaintiffs.

       53.    Although headquartered in Wisconsin, Plaintiffs do business in all 50

states.

       54.    For that reason, governmental orders from Wisconsin and other states

affected Plaintiffs.

       55.    During the first three quarters of 2021, Plaintiffs’ business operations

were subject to a continuing series of federal, state and local COVID-19 public‑health

and workplace‑safety orders issued by multiple agencies (the “Government Orders”).

       56.    The Government Orders imposed limitations on Plaintiffs’ operations

and those of their business partners through multiple mechanisms, including:

(i) requirements that caused Plaintiffs to send employees home; (ii) mandatory

workplace-safety protocols that reduced capacity and operational efficiency; (iii) mass

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  employee absenteeism that was essentially authorized by law; and (iv) mandatory

  cancellation or severe limitation of in-person and patient meetings (which reduced

  business and revenue).

        57.     Wisconsin businesses, and businesses in other states in which Plaintiffs

  operated, were also investigated and fined for violations of OSHA rules and the OSHA

  General Duty Clause.

        58.     The IRS has acknowledged that state government enforcement of OSHA

  guidelines or rules can rise to the level of an applicable order for purposes of the

  Suspension Test. See IRS Office of Chief Counsel, General Legal Advice

  Memorandum 2023‑007.

        59.     A non-exhaustive list of Wisconsin and federal COVID-era statutes and

  orders that combined to cause operational Suspensions for Plaintiffs is below:

Jurisdiction         Order Citation                              Summary
State of       Executive Order #72 –        Declared the initial statewide public health
Wisconsin      Declaring a Public Health    emergency and designated DHS as lead
               Emergency (March 12, 2020); agency, triggering emergency powers and
               expired May 11, 2020 (60-day enabling all subsequent emergency orders.
               statutory limit under Wis.
               Stat. § 323.10)
State of       Emergency Order #12 –           Required all individuals to stay at home
Wisconsin      Safer at Home Order (March      except for enumerated essential activities;
(DHS)          24, 2020; effective March 25,   ordered all non-essential businesses to cease
               2020); superseded by            operations; and imposed Social Distancing
               Emergency Order #28 on          Requirements on all essential businesses.
               April 24, 2020                  Enforceable by up to 30 days' imprisonment
                                               or a $250 fine.

                                               Caused structural operational changes,
                                               including transition to remote work,
                                               cessation of in-person client services, and

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                                            modification of business workflows from
                                            which Plaintiffs have not fully recovered.
State of     Executive Order #82 –          Required all individuals age 5 and older to
Wisconsin    Declaring a Public Health      wear face coverings in all indoor public
             Emergency (July 30, 2020)      spaces and enclosed spaces open to the public
                                            when another person outside the individual’s
                                            household was present. Enforceable by civil
                                            forfeiture of up to $200 under Wis. Stat. §
                                            323.28.
State of     Executive Order #90            Extended the statewide public health
Wisconsin    (September 22, 2020),          emergency and face covering mandates
             Executive Order #95            through successive 60-day declarations.
             (November 20, 2020) –
             Successive Emergency
             Declarations and Renewed
             Face Covering Mandates
             Emergency Order #3 –           Limited all indoor public gatherings to no
State of     Limiting Public Gatherings     more than 25% of the established occupancy
Wisconsin    (issued October 6, 2020;       limit for any room or building open to the
(DHS)        effective October 8, 2020;     public. Applied to all businesses accessible to
             expired November 6, 2020).     the public, including retail stores,
             Issued under authority of      restaurants, and office lobbies. Spaces
             Wis. Stat. § 252.02(3)         without an occupancy limit were limited to
                                            10 persons. Enforceable by civil forfeiture
                                            under Wis. Stat. § 252.25.

                                            The order compelled businesses to
                                            restructure physical layouts, reduce capacity,
                                            and implement occupancy monitoring
                                            systems.
State of     Executive Order #104 –         Declared a new state of emergency and
Wisconsin    Declaring a State of           public health emergency under Wisconsin
             Emergency and Public           law, triggering emergency powers and
             Health Emergency (January      related executive actions.
             19, 2021); revoked by 2021
             Senate Joint Resolution 3 on
             February 4, 2021

State of     Emergency Order #1 – Face      Required all individuals aged 5 and older to
Wisconsin    Coverings (issued January      wear face coverings in all indoor public
             19, 2021, pursuant to          spaces and enclosed spaces when another
             Executive Order #104);         person not part of the individual’s household

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              superseded by new              was present. Enforceable by civil forfeiture of
              emergency order on             up to $200.
              February 4, 2021               Caused work disruptions and reduced service
                                             capacity.
State of      Executive Order #105 –         Governor Evers issued EO #105 declaring a
Wisconsin     Declaring a State of           new public health emergency and a renewed
              Emergency and Public           Emergency Order #1 requiring face coverings
              Health Emergency (February     statewide.
              4, 2021); renewed Emergency
              Order #1 – Face Coverings
              (February 4, 2021)
State of      Wis. Stat. § 252.02 –          Granted DHS broad, standing authority to
Wisconsin     Department of Health           “authorize and implement all emergency
(Statutory    Services Powers to Control     measures necessary to control communicable
Authority)    Communicable Diseases          diseases” (§ 252.02(6)) and to close
              (permanent statute;            establishments (§ 252.02(3)).
              authority independent of any
              emergency declaration under    This permanent statutory authority provided
              Wis. Stat. § 323.10)           continuing legal basis for DHS measures to
                                             control communicable diseases and restrict
                                             gatherings.
State of      Emergency Order #16 –          These orders affected healthcare suppliers’
Wisconsin     Department of Safety and       operations and staffing models, thereby
(DHS/DSPS)    Professional Services          impacting the volume and continuity of
              Credentialing (March 27,       revenue cycle data flowing to Plaintiffs.
              2020), Emergency Order #20
              (April 3, 2020) – DSPS
              credentialing of health care
              providers; Emergency Order
              #21 (April 3, 2020) – DHS
              administrative rule
              suspensions for EMS,
              nursing homes, hospices, and
              home health agencies.
Federal –     OSHA COVID-19                  Imposed a binding emergency temporary
OSHA          Healthcare; Emergency          standard requiring healthcare employers to
(Mandatory    Temporary Standard (29         implement comprehensive COVID‑19
Standard)     C.F.R. Part 1910, Subpart U,   protocols, including patient screening and
              § 1910.502) (effective June    triage, transmission‑based precautions,
              21, 2021)                      mandatory masking or respirators, physical
                                             distancing, physical barriers, enhanced
                                             cleaning and disinfection, ventilation

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                                          controls, employee health screening,
                                          training, and detailed
                                          recordkeeping/reporting.

                                          These OSHA guidelines were adopted and
                                          enforced in many states in which Plaintiffs
                                          operate (including enforcements in
                                          Wisconsin), which the IRS has agreed causes
                                          these rules to constitute applicable orders for
                                          ERC purposes.

Federal –    Interim Final Rule (CMS-     Required long‑term care (LTC) facilities and
CMS          3414-IFC) – The CMS Long-    ICF‑IID providers to implement extensive
(Mandatory   Term Care Rule Window;       weekly reporting through the CDC’s NHSN
Standard)    COVID-19 Vaccine             system, including COVID‑19 vaccination
             Immunization Requirements    status of residents and staff, doses
             for Residents and Staff      administered, adverse events, and
             (published May 11, 2021;     therapeutics data, with noncompliance
             mandatory reporting began    triggering escalating financial penalties.
             June 13, 2021; terminated
             May 11, 2023, with the end
             of the federal COVID-19
             Public Health Emergency)

Federal –    American Rescue Plan Act of Imposed multiple mandatory federal
Congress     2021, Pub. L. 117-2         requirements on healthcare providers,
(Mandatory                               including:
Statute)
                                                COBRA Premium Assistance (§9501)

                                                 Required full subsidization of COBRA
                                                 coverage with retroactive eligibility
                                                 determinations, necessitating
                                                 extensive historical data reviews,
                                                 manual account identification,
                                                 removal from automated collections
                                                 workflows, and suspension or
                                                 modification of normal collection
                                                 activities.

                                                Medicaid Coverage Mandate (§9811)
                                                 and CHIP (§9821)

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                                                   Required immediate coverage of
                                                   COVID-19 vaccines, administration,
                                                   and treatment with no cost sharing,
                                                   coupled with real-time tracking,
                                                   reporting, and system integration
                                                   requirements tied to federal funding.

                                                  ARPA mandates required healthcare
                                                   suppliers to rapidly reallocate internal
                                                   IT infrastructure and administrative
                                                   resources to compliance, disrupting
                                                   normal billing workflows and reducing
                                                   data and revenue flow to Plaintiffs.
                                                   For example, healthcare system
                                                   clients (the “supplier” of accounts
                                                   receivable and billing work) were
                                                   required to reprogram billing systems,
                                                   conduct manual account audits, and
                                                   alter or suspend standard collections
                                                   processes to comply with COBRA
                                                   premium subsidy requirements and
                                                   expanded Medicaid and CHIP
                                                   coverage. As a result, revenue cycle
                                                   workflows for affected account
                                                   categories were disrupted, delayed, or
                                                   temporarily suspended, reducing the
                                                   volume and continuity of billing data
                                                   and revenue flows to Plaintiffs.

State of     Emergency Order #1 (March      Prohibited mass gatherings, closed schools,
Wisconsin    13, 2020) – Statewide school   and closed bars/restaurants except for
(DHS)        closure; Emergency Order #4    takeout/delivery, effective March 17–18,
             (March 16, 2020) – Ban on      2020. Superseded by EMO #12 (Safer at
             gatherings of 50+ people;      Home).
             Emergency Order #5 (March
             17, 2020) – Ban on             These orders established the initial
             gatherings of 10+ people and   operational restrictions that affected
             bar/restaurant closures;       healthcare clients’ patient volumes and in-
             Emergency Order #8 (March      person operations, reducing billing workflow
             20, 2020) – Updated mass       to Plaintiffs.
             gathering ban.

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       60.    Even though some of the above-listed statutes or orders were lifted or

terminated during or prior to the periods in question, they had a lingering effect, and

Plaintiffs continued to suffer Suspensions during the periods in question due to those

statutes or orders.

       61.    As stated earlier, however, Plaintiffs are licensed and operate in all 50

states. As a result, states other than Wisconsin issued statutes and orders that

affected Plaintiffs.

       62.    Plaintiffs are healthcare collection and revenue cycle management

companies. Many states imposed severe restrictions on activities of companies like

Plaintiffs.

       63.    For example:

              i.       Section 207 of the Washington D.C. Emergency Act amended D.C.
                       Code § 28-3814 to add a number of restrictions related to the
                       collection of debt during the pandemic;

              ii.      Massachusetts adopted sweeping prohibitions on debt collection
                       practices during COVID (see 940 CMR 35:00);

              iii.     Nevada closed all Nevada collection agencies and mandated out-
                       of-state collection agencies to cease collection efforts dealing with
                       Nevada residents;

              iv.      Louisiana effectively banned the use of phone calls to collect debt
                       (see LPSC General Order R-29617); and

              v.       North Carolina ordered all collection agencies to allow consumers
                       certain payment deferrals (in order to comply with North
                       Carolina General Statute 58-2-46, NC’s State of Disaster statute).

       64.    Some states imposed bans on medical procedures and visits that

resulted in a reduction in revenue for both the medical providers and Plaintiffs.

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      65.    Physician offices in many states were subject to strict operational

mandates, licensure adjustments, mandated closures for non-urgent care, and

limitations on patient visits.

      66.    Some states adopted, as state law, and enforced federal OSHA rules.

      67.    Michigan, for example, incorporated the OSHA General Duty Clause

into its MIOSHA General Duty Clause, which Michigan used to investigate and fine

many businesses for not complying with COVID standards.

      68.    Although Plaintiffs are headquartered in Marshfield, Wisconsin, they

also operate in Dane County and Milwaukee County, Wisconsin’s most populous

counties.

      69.    Those two counties issued orders mandating: (i) hygiene and cleaning

policies, (ii) reduced office presence, (iii) remote work, and (iv) other operational

restrictions. These orders caused reduced capacity for Plaintiffs’ clients and reduced

business for Plaintiffs.

      70.    The panoply of orders coming from virtually every state and many

municipalities combined to deaden Plaintiffs’ historical business activities.

      71.    Despite having to continue to rent their office spaces, Plaintiffs were

forced to transition from in-office operations to remote operations, which increased

their expenses and decreased their capacity and net revenue.

      72.    Plaintiffs had to scramble to equip their remote workers with laptops,

printers, copiers, scanners and other equipment to use at their homes, thus

increasing their expenses and reducing their net profit.

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      73.    Worker productivity suffered, in part because home offices were

inadequate and in part because Plaintiffs lost the ability to continuously monitor

their workers.

      74.    IT and security costs increased dramatically because of the switch to

remote work.

      75.    Plaintiffs’ net profits never fully recovered and are still well below what

they would have been absent the COVID-era regulations.

                 Count I — Claim for Refund of Taxes-Alliance

      76.    Plaintiffs incorporate the foregoing paragraphs as if fully set forth

herein.

      77.    For the quarters in question, Alliance timely filed claims for refund due

to Employee Retention Credits in the following amounts:

             Quarter             Amount of Claim

             1st Quarter         $405,978.23

             2nd Quarter         $312,188.24

             3rd Quarter         $409,506.43

      78.    Alliance timely paid all employment taxes reported as paid on its claims

for refund for the first, second and third quarters of 2021.

      79.    Alliance timely filed this suit for refund for its first, second and third

quarter overpayments of employment taxes.

      80.    Alliance is entitled to employment tax refunds from Defendant for the

quarters in question in the following amounts:

    Case: 3:26-cv-01009-wmc       Document #: 1   Filed: 10/08/26   Page 18 of 22




             Quarter              Amount of Refund Due Alliance

             1st Quarter          $405,978.23

             2nd Quarter          $312,188.24

             3rd Quarter          $409,506.43

                  Count II — Claim for Refund of Taxes—HBS

      81.    Plaintiffs incorporate the foregoing paragraphs as if fully set forth

herein.

      82.    For the third quarter of 2021, HBS timely filed a claim for refund due to

Employee Retention Credits in the amount of $209,632.92.

      83.    HBS timely paid all employment taxes reported as paid on its claim for

refund for the third quarter of 2021.

      84.    HBS timely filed this suit for refund for its third quarter of 2021

overpayment of employment taxes.

      85.    HBS is entitled to an employment tax refund from Defendant for the

third quarter of 2021 in the amount of $209,632.92.

            Count III — Claim for Interest—Both Alliance and HBS

      86.    Plaintiffs incorporate the foregoing paragraphs as if fully set forth

herein.

      87.    Pursuant to I.R.C. § 6611, Plaintiffs are entitled to compound interest,

at the overpayment rate established under IRC Section 6621, on the unpaid amount

of any tax refund that is due to Plaintiffs.

    Case: 3:26-cv-01009-wmc       Document #: 1     Filed: 10/08/26   Page 19 of 22




      88.     As of the date of this filing, Plaintiffs have not received any part of the

refunds (or interest on the refunds) that are due Plaintiffs, as outlined in Counts I

and II.

      89.     Accordingly, Plaintiffs are entitled to interest, under IRC § 6611, on the

unpaid amount of the refunds of tax and interest that are due to Plaintiffs until

Defendant pays all of such refunds and corresponding interest.

          Count IV — Claim for Attorneys’ Fees—Both Alliance and HBS

      90.     Plaintiffs incorporate the foregoing paragraphs as if fully set forth

herein.

      91.     Alliance timely filed a claim for refund (Form 941-X) for the first quarter

of 2021.

      92.     Alliance timely filed a claim for refund (Form 941-X) for the second

quarter of 2021.

      93.     Alliance timely filed a claim for refund (Form 941-X) for the third

quarter of 2021.

      94.     HBS timely filed a claim for refund (Form 941-X) for the third quarter

of 2021.

      95.     In a Letter 105C dated August 19, 2024, Defendant disallowed Alliance’s

claim for refund for the first quarter of 2021.

      96.     In a Letter 105C dated April 10, 2026, Defendant disallowed Alliance’s

claim for refund for the second quarter of 2021.

      97.     In a Letter 105C dated October 17, 2024, Defendant disallowed

Alliance’s claim for refund for the third quarter of 2021.

    Case: 3:26-cv-01009-wmc      Document #: 1    Filed: 10/08/26   Page 20 of 22




       98.    In a Letter 105C dated December 10, 2024, Defendant disallowed HBS’s

claim for refund for the third quarter of 2021.

       99.    In each Letter 105C, Defendant explained that Plaintiffs were entitled

to IRS Appeals Office consideration of the disallowances of Plaintiffs’ claims for

refund.

       100.   Plaintiffs timely filed requests for IRS Appeals Office consideration of

each disallowance of their claims for refund.

       101.   The IRS granted an Appeals Conference for Alliance’s claim for refund

for the first quarter of 2021.

       102.   The IRS did not grant an Appeals Conference with respect to Alliance’s

or HBS’s other claims for refund that are at issue here, and the IRS recently indicated

that it could not locate Alliance’s request for Appeals consideration for the second or

third quarters.

       103.   As a result, the IRS would not consider signing a Form 907 for either of

those quarters and stipulating to the extension of the two-year limitations period for

filing a suit for refund.

       104.   This case involves, among other things, a mechanical application of the

Gross Receipts Test and should have been resolved administratively in the IRS.

       105.   Due to the IRS’s negligence and unreasonableness, however, it was

necessary to file this suit.

    Case: 3:26-cv-01009-wmc         Document #: 1     Filed: 10/08/26    Page 21 of 22




         106.   Plaintiffs properly exhausted all administrative remedies, but this

litigation resulted because of the IRS’s mishandling of the administrative process,

loss of requests for Appeals conferences, and failure to grant Appeals conferences.

         107.   Pursuant to I.R.C. § 7430, if either Plaintiff prevails, that Plaintiff may

recover from Defendant reasonable litigation and administrative attorneys’ fees and

costs.

         108.   Accordingly, Plaintiffs request an award of costs and attorneys' fees

incurred as a result of the IRS’s actions and omissions in this matter, including, but

not limited to, all costs and attorneys’ fees awardable under IRC § 7430.

                                    Prayer for Relief

         WHEREFORE, Plaintiffs respectfully request that this Court:

         (A)    Enter judgment for Alliance in the amount of $1,127,672.90;

         (B)    Enter judgment for HBS in the amount of $209,632.92;

         (C)    Enter judgment for each Plaintiff for interest on such amounts as are

owed to them, including, but not limited to, all interest due under IRC §6611;

         (D)    Enter judgment for each Plaintiff for reasonable attorneys’ fees and

costs, including, but not limited to, all litigation and administrative fees and costs

awardable under IRC § 7430; and

         (E)    Award to each Plaintiff all other relief to which such Plaintiff is entitled

at law or in equity.

    Case: 3:26-cv-01009-wmc      Document #: 1     Filed: 10/08/26   Page 22 of 22




                           DEMAND FOR JURY TRIAL

      Pursuant to Federal Rule of Civil Procedure 38(b) and 28 U.S.C. § 2402,

Plaintiffs hereby demand a trial by jury on all issues so triable as a matter of right.


                                 MILLER JOHNSON
                                 Attorneys for Plaintiffs


Dated: October 8, 2026           By: /s/ D. Andrew Portinga
                                         D. Andrew Portinga (P55804)
                                         Bryce C. Akins (P88780)
                                         Amanda L. Rauh-Bieri (P83615)
                                         Business Address:
                                         45 Ottawa Avenue SW, Suite 1100
                                         Grand Rapids, Michigan 49503
                                         Telephone: (616) 831-1700
                                         portingaa@millerjohnson.com
                                         akinsb@millerjohnson.com
                                         rauhbieria@millerjohnson.com

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