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Cannabis Dispensaries Fight Back Against Section 280E

Cannabis businesses are still denied basic business tax deductions under IRS code 280E.

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In a recent Federal District Court decision, Alpenglow Botanicals, LLC — a Colorado cannabis dispensary — protested the IRS’ disallowance of their business expenses under the oppressive Section 280E, which denies ordinary and necessary business expenses for operators in the cannabis industry.

The IRS had asserted that Alpenglow Botanicals owed additional taxes. The dispensary paid the taxes in question and then sued for a refund in federal court. In a motion for summary judgment, the taxpayer stated that the IRS did not have the authority to investigate whether the taxpayer violated the Controlled Substance Act (CSA), that Section 280E violated the Sixteenth Amendment, that the taxpayer had properly deducted their expenses, and that the IRS did not produce evidence that Section 280E applied to the taxpayer. The dispensary also stated that the application of 280E violated the taxpayer’s Fifth Amendment rights, as well as its Eighth Amendment rights — which should protect against excessive fines and fees.

The Court denied all requests.

In another recent case, a different Colorado company — also alleged by the IRS to be a cannabis dispensary — attempted to make the same arguments while filing a similar lawsuit.

In this case, the District Court ruled that:

The taxpayer has filed a motion for reconsideration and an amended complaint to add allegations necessary to support their claims, so the case may move forward based on those new allegations. However, the taxpayer’s attempt to stop the IRS from enforcing Section 280E was ultimately unsuccessful under the facts of this case.

Interestingly, as this case moves forward, a slew of cannabis-related bills are making their way through Congress, including:

Hopefully, Section 280E will soon become a thing of the past.

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