Entries by Tax Attorney

Federal Government Opens Up Banking For Hemp-Related Businesses

On December 3, 2019 Four federal agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, Financial Crimes Enforcement Network (FinCEN) and the Office of the Comptroller of the Currency) in conjunction with the state bank regulators announced new policy clarifying the legal status of hemp growth and production and the relevant requirements under the […]

“Kushy Punch” Loses Its State Cannabis License For Engaging In Illegal Activity

Anyone conducting business in cannabis surely knows that under Federal law (Controlled Substances Act 21 U.S.C. 801) marijuana is designated as a Schedule I controlled substance due to the historical belief that it has a high potential for abuse, no currently accepted medical use in treatment, and lack of accepted safety for use under medical […]

California Raising Cannabis Taxes In 2020

California Raising Cannabis Taxes In 2020 The California Department of Tax and Fee Administration (CDTFA) which oversees the reporting and collection of taxes for the California cannabis industry under Emergency Regulation 3700 established a new category and tax rate for the cannabis cultivation tax that took effect January 1, 2018, along with the other existing […]

MORE Act Approved By The House Judiciary Committee To End Cannabis Prohibition – If You Can’t Beat Them, Then Join Them!

Under Federal law (Controlled Substances Act 21 U.S.C. 801) marijuana is designated as a Schedule I controlled substance due to the historical belief that it has a high potential for abuse, no currently accepted medical use in treatment, and lack of accepted safety for use under medical supervision.   The federal penalties for possession of […]

Riverside County Sheriff’s Office Shuts Down Illegal Cannabis Grow Operation Seizing 1,700 Marijuana Plants

Anyone conducting business in cannabis surely knows that under Federal law (Controlled Substances Act 21 U.S.C. 801) marijuana is designated as a Schedule I controlled substance due to the historical belief that it has a high potential for abuse, no currently accepted medical use in treatment, and lack of accepted safety for use under medical […]

Florida Tax Return Preparer Found Guilty of Filing False Tax Returns and Theft of Government Funds

Florida Tax Return Preparer Found Guilty of Filing False Tax Returns and Theft of Government Funds The U.S. Attorney’s Office for the Southern District Of Florida announced on November 6, 2019 in a press release that Paul Senat, age 39, the owner and operator of American Fast Services & Tax, American Justice Services & Tax […]

Another Cannabis Business Hit Hard By I.R.C. Section 280E In U.S. Tax Court

I.R.C. § 280E disallows all trade or business expense deductions for a cannabis business even though the cannabis business operates legally under state law. As more “280E Tax Audits” make their way up to the U.S. Tax Court, various creative arguments have been made challenging the constitutionality and legality of § 280E. A recent such […]

Kern County Sheriff’s Office Seizes 10 Million Marijuana Plants In 11 Hemp Fields

Anyone conducting business in cannabis surely knows that under Federal law (Controlled Substances Act 21 U.S.C. 801) marijuana is designated as a Schedule I controlled substance due to the historical belief that it has a high potential for abuse, no currently accepted medical use in treatment, and lack of accepted safety for use under medical […]