Choosing a Federal Forum for Cannabis Tax Litigation

Video Description

The development of the state-legal marijuana business industry has brought with it many fascinating and unanswered questions about the relationship between the federal tax code and marijuana businesses. This topic provides an overview of this relationship as well as a review of what marijuana business owners can expect from federal tax litigation procedures and best practices and strategies for tax code compliance.

Learning Objectives

  • Discussion of the fundamental differences between hemp and marijuana; both subspecies of the cannabis plant, as well as medicinal vs recreational uses of marijuana

  • Review of the most common reasons for disputes in the cannabis industry

  • Suggestions for different types of insurance that are important to carry in the cannabis industry

  • Discussion of the most common regulatory violations by licensed marijuana businesses

  • Review of the four forums for tax litigation; and understand the advantages and disadvantages of each for cannabis businesses

  • Summary review of Section 280E of the federal tax code and disallowed federal tax deductions

  • An overview of the procedure and timeline for federal tax appeals and litigation matters


    Presentation By: Robert T. Hoban, Esq., Kenneth R. Boiarsky, Esq.

    Presenter Bios

    Bob Hoban is the Managing Partner at Hoban Law Group, the nation's premier cannabusiness law firm, with attorneys in over a dozen states and abroad. Bob is recognized as one of the leading commercial cannabis practitioners nationwide; representing private and publicly-held clients in numerous states and abroad. He has litigated nearly every aspect of Colorado’s Marijuana Code and has closed over 300 marijuana-related business transactions. Marijuana and hemp-based business operations, related litigation and regulatory counsel are a specialty. He is an AV® Preeminent™ rated attorney and seasoned full-service commercial practitioner.

    Bob is a professor at the University of Denver, in the Law and Society Program, and regularly instructs regarding government regulations, public policy, and research-based policy courses.

    Furthermore, Bob has drafted more than 30 bills for the Colorado General Assembly (eminent domain/land use, hemp/marijuana and transportation).

    Ken Boiarsky is an AV® (highest) rated attorney specializing in Federal tax matters, with an emphasis on audit, controversy, and litigation aspects. For nearly 15 years he served as a twice-decorated Outstanding Trial Attorney with the Tax Division of the US Department of Justice in DC, where he dealt with IRS matters at just about every level and developed an intimate knowledge of the internal thinking. Thereafter he became a partner in a Houston law firm, followed by the formation of his own firm, representing a broad range of individual, partnership, trust, and corporate clients, including his recent retentions as an expert tax consultant for 7 years by the international accounting firm, KPMG, and as lead trial counsel representing over 100 former partners of another international accounting firm, Ernst & Young, in tax litigation spanning 9 years. Ken has handled 300+ matters before the IRS involving collection, audit, and controversy, and has litigated 50+ cases with an aggregate amount in issue exceeding $200 million.

    Ken holds an LL.M. in Tax from New York University, and a J. D. and B.Sc. in Accounting (and a member of Beta Alpha Psi, the accounting honorary) from Ohio State University, is a member of the Texas, Ohio, and DC bars, and the bars of the US Supreme Court, US Courts of Appeal for the Fifth, Seventh, Eighth, Ninth, Eleventh, and Federal Circuits, US Court of Federal Claims, US Tax Court, and US District Courts for the Southern and Western Districts of Texas.