Cases of Note

High Desert Relief v. United States, 917 F.3d 1170 (10th Cir. 2019)

(Published) Overruling previous case law that and holding that full rather than abbreviated summary judgment standards apply to federal tax summons proceedings

Alpenglow Botanicals v. United States, 894 F.3d 1187 (10th Cir. 2018)

(Published) - In response to Thorburn Walker's arguments, the Tenth Circuit Court of Appeals determined that costs of goods sold is a constitutionally mandated exclusion from business income for which Congress cannot interfere.

Feinberg v. Commissioner, 808 F.3d 813 (10th Cir. 2015) (Feinberg I) and Feinberg v. Commissioner, 916 F.3d 1330 (10th Cir. 2019) (Feinberg II)

(Published) - Argued on a writ of mandamus, in front of now Justice Neil Gorsuch. Justice Gorsuch’s opinion in Feinberg has been described as a “technical loss but an artful win for the cannabis industry.”

Green Solution Retail, Inc. v. United States, 855 F.3d (10th Cir. 2017)

(Published) - Arguing whether the IRS has the authority to administratively determine that a taxpayer has trafficked in a controlled substance, without a previous conviction.


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