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FEINBERG v. C.I.R.

No. 18-9005.

916 F.3d 1330 (2019)

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

United States Court of Appeals, Tenth Circuit.

Filed February 26, 2019.

Attorney(s) appearing for the Case

James D. Thorburn , ( Richard Walker , with him on the briefs), Thorburn Walker LLC, Greenwood Village, Colorado, for Petitioners-Appellants.

Francesca Ugolini , Tax Division Attorney, ( Richard E. Zuckerman , Principal Deputy Assistant Attorney General, Gilbert S. Rothenberg , Tax Division Attorney, and Nathaniel S. Pollock , Tax Division Attorney, with her on the briefs), Department of Justice, Washington, D.C., for Respondent-Appellee.

Before LUCERO, McHUGH, and MORITZ, Circuit Judges.

Neil Feinberg, Andrea Feinberg, and Kellie McDonald (collectively, the Taxpayers) were shareholders in Total Health Concepts, LLC (THC), a Colorado company allegedly engaged in selling medical marijuana. After the Taxpayers claimed THC's income and losses on their tax returns, the IRS conducted an audit and disallowed certain...

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