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InvisibleveggieM

Registered: 07/26/04
Posts: 14,312
IRS Approach Poses New Threat to California Marijuana Dispensaries
    #14121383 - 03/14/11 09:40 PM (10 years, 1 month ago)

IRS Approach Poses New Threat to California Marijuana Dispensaries
March 14, 2011 - AlerNet
By David Ferguson

The IRS, not the DEA might put the Marin Alliance for Medical Marijuana out of business, setting a grave precedent for other CA medical marijuana distributors.

It may be the IRS and not the DEA that puts the Marin Alliance for Medical Marijuana out of business. Alliance founder Lynette Shaw was stunned when the IRS audited her 2008 and 2009 tax returns and disallowed the foundation's business deductions, then demanded millions of dollars in back taxes.

The IRS is taking advantage of § 280E of the federal tax code, which states that no business deductions will be allowed for companies "trafficking in controlled substances".

Medical marijuana has been legal in California since the passage of Proposition 214 in 1996, but according to federal law, marijuana is classified as a schedule I controlled substance. Schedule I narcotics are not considered to be legitimate for medical use.

The Marin Independent Journal quotes Shaw as asserting that "every dispensary in the nation, past, present and future is dead if this is upheld." She did not reveal the exact dollar amount requested by the IRS, but said, "It's a staggering sum, millions and millions."

A spokesman for the IRS declined to comment on the matter to the Journal. The spokesman stated that to confirm or deny that an individual or business is facing an audit would be a violation of disclosure and privacy laws.

Similarly, the IRS declined to comment on its audit of the Bay Area's largest marijuana dispensary, Oakland's Harborside Club. Harborside executive director Steve DeAngelo, however, has been more forthcoming, announcing in December that his organization was being audited and that their policy was to be "transparent and compliant" in its interactions with the federal government, "I don't have anything to hide from the IRS," he said.

Harborside's chief financial officer, Luigi Zamarra doubtless speaks for many in the medical marijuana community when he says that § 280E is out of date and has no bearing on today's dispensaries, "This law was enacted a long time ago before there was a medical cannabis industry, and it was written as a back door punishment for thug-like drug dealers. We would like a full exemption."


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OfflineRemix
grammer natze
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: veggie]
    #14121555 - 03/14/11 10:12 PM (10 years, 1 month ago)

If the government wants those tax dollars so bad maybe they should legalize it and put the vice tax on it.
There's no real alternative.
:blewmeanie:


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Offlineweephar
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Registered: 05/03/05
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: Remix]
    #14121587 - 03/14/11 10:17 PM (10 years, 1 month ago)

Quote:

Remix said:
If the government wants those tax dollars so bad maybe they should legalize it and put the vice tax on it.
There's no real alternative.
:blewmeanie:




Exactly!  Maybe this will open up America's eyes to how much tax revenue could be made by changing the laws.

If they start collecting a lot of taxes, it would force the feds to have to make a decision between collecting taxes and shutting down dispensaries.

The government likes money a lot more than it hates cannabis.


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Life is good! (and it is also a journey)

Free Rudd!


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Offline3Cajun1Mo8
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: weephar]
    #14121842 - 03/14/11 10:59 PM (10 years, 1 month ago)

This calls for a bill that no longer considers marijuana as a controlled substance!


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OfflineKonyap


Registered: 06/30/07
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: 3Cajun1Mo8]
    #14122222 - 03/14/11 11:52 PM (10 years, 1 month ago)

fuck the feds

they arent doing anything for those dispenseries cept causing monopolies and trouble

fuck em'


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OfflineJdiz
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: Konyap]
    #14124655 - 03/15/11 01:22 PM (10 years, 1 month ago)

they will just grow it them self's soon and sell it to us....


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Comes a time when the blind man takes your hand


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InvisibleSophistic Radiance
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: veggie]
    #14125028 - 03/15/11 03:50 PM (10 years, 1 month ago)

IRS... go figure. :facepalm:


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Enlil said:
You really are the worst kind of person.



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Invisiblebadchad
Mad Scientist

Registered: 03/02/05
Posts: 13,106
Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: weephar]
    #14125092 - 03/15/11 04:04 PM (10 years, 1 month ago)

Quote:

weephar said:
Exactly!  Maybe this will open up America's eyes to how much tax revenue could be made by changing the laws.




Well if the business can't list deductions, then it seems like the IRS is actually making MORE with current laws.

If it were legal, they could write expenses off as deductions, and not have to pay.


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...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436


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OfflineRemix
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: badchad]
    #14125285 - 03/15/11 04:38 PM (10 years, 1 month ago)

IMO, make a drug like Marijuana legal and the IRS theoretically gets more money at their disposal regardless of deductions because less of their collections will get funneled into the DEA, CIA and other such government organizations that require immense expansion for the sake of prohibition.


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Edited by Remix (03/15/11 04:39 PM)


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OfflineNature Boy
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Registered: 07/09/07
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: veggie]
    #14126926 - 03/15/11 09:51 PM (10 years, 1 month ago)

Hate to say "I told you so" when this news first broke, but...I told you so.  This is NOT about hunger for tax revenues.  This is the alternate way of putting medical marijuana shops out of business, and/or their proprietors in jail.

Remember what I said?  How did the government put Al Capone in jail???  TAX EVASION.  They never got him on any of the murders, conspiracy, bootlegging, illegal gambling, prostitution, or any other crime.  Tax evasion!

They'll claim back taxes and penalties, sure.  And if they can't be paid???  Fucking IRS is being called upon to do the dirty work now that the DEA is less empowered to interfere with state law since Obama sent the advisory letter saying they had to back off.

N.B.


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All submitted posts under this user name are works of pure fiction or outright lies.  Any information, statement, or assertion contained therein should be considered pure unadulterated bullshit.  Note well:  Sorry, but I do not answer PM's unless you are a long-time trusted friend.  If you have a question, ask it in the appropriate thread.

                                                                               


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InvisibleSophistic Radiance
Free sVs!
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Registered: 07/11/06
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: Nature Boy]
    #14126991 - 03/15/11 10:04 PM (10 years, 1 month ago)

Also, when cannabis was first made illegal in the 30's, they didn't do it through the creation of the controlled substances act. That came much later. What they actually did was make it so that in order to sell cannabis you were legally required to have certain legal stamps on the packages showing that you'd paid taxes on them... stamps which were impossible to obtain, never printed.

Thus cannabis became illegal to purchase and illegal cannabis became illegal to own. The whole pharmaceutical clusterfuck used to justify it today didn't come until decades later.

The IRS is not a moneymaking enterprise, it is a bureaucracy used to destroy noncompliants.


--------------------
Enlil said:
You really are the worst kind of person.



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Invisiblenachohippie
asshole
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Registered: 09/20/09
Posts: 2,623
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: Sophistic Radiance]
    #14128434 - 03/16/11 02:16 AM (10 years, 1 month ago)

Lynett Shaw helped me when I had my case and I wish her the best she really is a Fighter she fought for me when I had a case and I hope to be able to help her with her's !!!!!!!!


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send guns, money ,lawyers, and drugs its been a long night

everything i post is a lie im a pathological liar


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Invisiblesetb
10th level beer nerd

Registered: 01/30/11
Posts: 2,580
Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: nachohippie]
    #14129612 - 03/16/11 10:56 AM (10 years, 1 month ago)

Quote:

And if they can't be paid???  Fucking IRS is being called upon to do the dirty work now that the DEA is less empowered to interfere with state law since Obama sent the advisory letter saying they had to back off.




If they can't pay it they go to prison.


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OfflineNature Boy
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: setb]
    #14132039 - 03/16/11 06:19 PM (10 years, 1 month ago)

ITS CALLED PERSECUTION THROUGH PROSECUTION.

N.B.


--------------------
All submitted posts under this user name are works of pure fiction or outright lies.  Any information, statement, or assertion contained therein should be considered pure unadulterated bullshit.  Note well:  Sorry, but I do not answer PM's unless you are a long-time trusted friend.  If you have a question, ask it in the appropriate thread.

                                                                               


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Invisiblesetb
10th level beer nerd

Registered: 01/30/11
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Re: IRS Approach Poses New Threat to California Marijuana Dispensaries [Re: Nature Boy]
    #14132575 - 03/16/11 08:04 PM (10 years, 1 month ago)

Quote:

Nature Boy said:
ITS CALLED PERSECUTION THROUGH PROSECUTION.

N.B.





I know it's a huge load; the feds are shaking this guy down for millions of dollars and if he doesn't pay he gets put away. The feds have far too much power and they use our tax dollars to act like bullies, thugs, and gangsters. You better believe they will take all of this poor guy's property: his house, car, etc. and sell it. Guess who gets to keep the money?

The feds have too much power and it needs to be returned to the state and the people! The war on drugs is just one of the many overreaches of federal power and it needs to end.


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