Since the SCOTUS decision is unlikely to be determined before October 15, some CPAs advise filing a protective claim letter. They believe this would be sufficient to hold your claim to a 2016 refund. This is in opposition to amending your tax return at this time. However, other CPA firms recommend amending your returns now. These firms feel that an amended return (Form 1040-X) creates a better likelihood for a refund.
Additional guidance from the IRS is available here.
For the 2017 tax year, if you filed by April 15, 2018, you would have until April 15, 2021, to file a protective claim to preserve a potential 2017 tax refund.
Because each situation is unique, it is suggested you contact your tax professional for specific guidance. As the Supreme Court begins to review the matter, more information will subsequently surface.
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