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US Appellate Court Tosses Marijuana Tax Bill Challenge

The court tossed the challenge after it was received one day late

One day is critical when it comes to filing court appeals, especially if you don’t use an approved delivery service.

That’s what two California marijuana companies learned when the U.S. 9th Circuit Court of Appeals, based in San Francisco, threw out their challenge of a nearly $2 million combined tax bill.

Organic Cannabis Foundation and Northern California Small Business Assistants (NCSB) have been trying for years to appeal an IRS decision that they were subject to the onerous Section 280E, which doesn’t allow tax deductions related to marijuana because of its illegal status federally.

Their appeal to the IRS decision was due to the U.S. Tax Court in Washington DC on April 22, 2015. It was delivered via FedEx “First Overnight” at 7:35 ET on the morning of April 23, 2015, according to court records.

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