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HIGH DESERT RELIEF, INC. v. U.S.

Nos. 17-2083 & 17-2095.

917 F.3d 1170 (2019)

HIGH DESERT RELIEF, INC., a New Mexico Non-Profit Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Through Its Agency the Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED March 5, 2019.

Attorney(s) appearing for the Case

James D. Thorburn ( Richard Walker with him on the briefs), Thorburn Walker, LLC, Greenwood Village, CO, for Plaintiff-Appellant.

Michael J. Haungs , Attorney, Tax Division ( David A. Hubbert , Deputy Assistant Attorney General, Tax Division; Gilbert S. Rothenberg and Patrick J. Urda , Attorneys, Tax Division; and Robert C. Troyer , former Acting United States Attorney, of counsel; with him on the briefs) Department of Justice, Washington, D.C., for Defendant-Appellee.

Before LUCERO, HOLMES, and EID, Circuit Judges.

This case arises out of the efforts of the Internal Revenue Service ("IRS") to investigate the tax liability of High Desert Relief, Inc. ("HDR"), a medical marijuana dispensary in New Mexico. The IRS began an investigation into whether HDR had improperly paid its taxes, and specifically whether it had improperly taken deductions...

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