New York, NY – June 17, 2019 – Greenspoon Marder announced today that the firm is being retained to appeal the Tax Court decision in Patients Mutual Assistance Collective Corporation (also known as Harborside) v. Commissioner to the U.S. Court of Appeals for the Ninth Circuit. Harborside is a vertically integrated California cannabis business with several retail locations and more than 250,000 registered customers.
“The IRS interpretation of the tax law as it applies to Harborside, particularly on the vital cost of goods sold issue, is strained and result-driven,” comments James Mann, a tax partner and former Deputy Assistant Attorney General of the Tax Division of the Department of Justice in charge of federal appellate tax litigation. “Harborside’s books and records are exemplary and it made every effort to comply with the reasonable requirements of the tax law. The arguments of Henry Wykowski, Harborside’s counsel in Tax Court, should have prevailed, but there are also arguments of a more technical nature that we want to bring to the Ninth Circuit’s attention,” he added.
“Our firm is committed to addressing the federal issues, including tax issues, facing the cannabis industry,” comments Gerry Greenspoon, co-managing director of Greenspoon Marder.