One day is crucial on the subject of submitting court appeals, particularly in case you don’t use an permitted supply service.

That’s what two California marijuana corporations realized when the U.S. ninth Circuit Court of Appeals, primarily based in San Francisco, threw out their challenge of an almost $2 million mixed tax bill.

Organic Cannabis Foundation and Northern California Small Business Assistants (NCSB) have been making an attempt for years to attraction an IRS resolution that they have been topic to the onerous Section 280E, which doesn’t permit tax deductions associated to marijuana due to its unlawful standing federally.

Their attraction to the IRS resolution was as a result of U.S. Tax Court in Washington DC on April 22, 2015. It was delivered through FedEx “First Overnight” at 7:35 ET on the morning of April 23, 2015, in response to court data.

The Tax Court mentioned the petition for a evaluation of the IRS resolution lacked jurisdiction as a result of it got here after the deadline, and the Circuit Court this week affirmed that call.

In the opinion, Circuit Judge Daniel Collins framed the lesson for attorneys of hashish corporations.

“This unhappy case presents a cautionary tale about the need for lawyers to ensure that they have done exactly what is statutorily required to invoke a court’s jurisdiction,” Collins wrote.

Here’s the kicker: The hashish case may have been rescued by the “mailbox” rule – {that a} doc is deemed filed when dispatched – however provided that the attorneys had used a supply service the IRS had designated in its printed notices.

FedEx Priority Overnight and FedEx Standard Overnight have been permitted on the time.

But it wouldn’t be till May 6, 2015 – two weeks after the late supply – that FedEx First Overnight was designated as an permitted service, in response to court paperwork.

Organic Cannabis Foundation owed $1.1 million in taxes and $225,855 in penalties, and NCSB owed $531,707 in taxes and $106,341 in penalties, in response to appellate-court paperwork.

Jeff Smith may be reached at [email protected]

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