9albion
2falsewitness
14albion
11632
4confidencegames
Susie King Taylor 360x1000
Richard Posner 360x1000
1albion
Storyparadox1
8albion'
2lookingforthegoodwar
299
1lookingforthegoodwar
2jesusandjohnwayne
Margaret Fuller4 360x1000
George M Cohan and Lerarned Hand 360x1000
Spottswood William Robinson 360x1000
2gucci
6albion
LillianFaderman
3theleastofus
12albion
Margaret Fuller2 360x1000
7confidencegames
2theleastofus
Edmund Burke 360x1000
lifeinmiddlemarch1
1theleasofus
AlexRosenberg
Adam Gopnik 360x1000
199
Maurice B Foley 360x1000
13albion
1madoff
Mark V Holmes 360x1000
Susie King Taylor2 360x1000
Stormy Daniels 360x1000
Margaret Fuller5 360x1000
7albion
James Gould Cozzens 360x1000
1trap
Lafayette and Jefferson 360x1000
Thomas Piketty1 360x1000
Anthony McCann2 360x1000
Tad Friend 360x1000
1empireofpain
5confidencegames
2paradise
storyparadox3
Office of Chief Counsel 360x1000
Thomas Piketty2 360x1000
6confidencegames
Betty Friedan 360x1000
2transadentilist
2trap
3defense
Gilgamesh 360x1000
1paradide
1falsewitness
lifeinmiddlemarch2
Brendan Beehan 360x1000
Mary Ann Evans 360x1000
10abion
1confidencegames
4albion
11albion
2lafayette
3confidencegames
2confidencegames
Margaret Fuller 360x1000
Margaret Fuller 2 360x1000
5albion
1transcendentalist
Ruth Bader Ginsburg 360x1000
1gucci
Maria Popova 360x1000
3paradise
Thomas Piketty3 360x1000
Learned Hand 360x1000
1lafayette
storyparadox2
1jesusandjohnwayne
499
3albion
Samuel Johnson 360x1000
George F Wil...360x1000
Margaret Fuller1 360x1000
1lauber
399
Anthony McCann1 360x1000
Margaret Fuller3 360x1000
1defense
2albion
2defense

Originally published on Forbes.com.

Just a short update.

Last week I wrote about The Green Solution, at least by its own account Colorado’s #1 Marijuana dispensary.  It was resisting an IRS summons based on the notion the Code Section 280E, which denies marijuana sellers ordinary and necessary business deductions, inappropriately puts the IRS in the drug busting business. Things did not go well for The Green Solution as the Tenth Circuit ruled that the anti-injunction act applied allowing the IRS to proceed. Now another shoe has dropped.

High Desert Relief Inc is a Non-Profit Licensed Producer for the Medical Cannabis program for the State of New Mexico. High Desert has also been resisting an IRS summons.  The US District Court for New Mexico has just told them, that they are done.

Subsequent to the parties’ briefing, on May 2, 2017, our Tenth Circuit issued its decision in Green Solution.2 The Court held that the Anti-Injunction Act deprives federal courts of jurisdiction over Green Solution’s suit to “enjoin the Internal Revenue Service (IRS) and related parties from investigating Green Solution’s business records.” Green Solution Retail, Inc. v. United States, . Next, the Court rejected Green Solution’s argument that the Anti-Injunction Act did not apply because “the IRS was acting outside its authority in investigating whether Green Solution trafficked in a controlled substance, which claims is a criminal investigation properly carried out by the United States Attorney.” ….

Our Tenth Circuit’s decision in Green Solution moots the present Motion.

All you lovers of the Constitution need to pay attention here.  On this issue conservatives are for federal supremacy and liberals are for states rights. My own view is that activists and advocates use the Constitution like a drunk uses a lamppost – More for support than illumination – but that’s just me. I do think that the IRS probably shouldn’t make Code Section 280E enforcement a high priority. It violates Reilly’s First Law of Tax Policy – Make tax policy the Switzerland of the culture war.

By the way, I really have to compliment the marijuana dispensaries on coming up with cool names like The Green Solution and High Desert Relief. Back in the day, it was like  Joe’s dorm room and the laundromat on Highland Street.  That is what I heard anyway.