Pot-tax trial challenging IRS code 280E continued, may move to D.C.

The operators of a now-defunct Denver dispensary who are challenging the IRS on a tax code that views marijuana businesses as illegal operations, and thus ineligible to claim otherwise deductible expenses, will have to wait a few more months for their day in court.

The trial in the U.S. Tax Court case filed by former owners of Total Health Concepts against the Commissioner of Internal Revenue was originally scheduled to begin Monday, but has been continued until later this year, according to a court order filed this week.

That case, which could move to the nation’s capital from Denver, is being viewed by some in the marijuana industry as potentially precedent-setting. It also comes at a time when legislators and the industry are navigating the thorny interplay of Colorado’s legal and regulated marijuana businesses with federal law that views them as criminal enterprises.

The former owners of Total Health Concepts,...

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