FEINBERG v. C.I.R.

No. 15-1333.

808 F.3d 813 (2015)

Neil FEINBERG; Andrea E. Feinberg; Kellie McDonald, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Tenth Circuit.

December 18, 2015.


Attorney(s) appearing for the Case

James D. Thorburn of The Law Office of James D. Thorburn, LLC, Greenwood Village, CO ( Richard A. Walker of The Law Office of Richard A. Walker, P.C., Longmont, CO, with him on the petition) for Petitioners.

Patrick J. Urda , Attorney, Appellate Section, Tax Division ( Caroline D. Ciraolo , Acting Assistant Attorney General, Tax Division, and Gilbert S. Rothenberg and Richard Farber , Attorneys, Appellate Section, Tax Division, with him on the response) of the United States Department of Justice, Washington, D.C., for Respondent.

Before GORSUCH, HOLMES, and MORITZ, Circuit Judges.


This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs and Ms. Mc-Donald run Total Health Concepts, or THC, a not-so-subtly-named Colorado marijuana dispensary. They run the business with the blessing of state authorities but in defiance...

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