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

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.