expenses of operating a marijuana dispensary/shop

Aug 06, 2012 2 Replies

Regarding whether expenses of operating a marijuana dispensary/shop are deductible.



MARTIN OLIVE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent



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The court unanimously says that expenses are not deductible because this is an illegal activity.



Expenses incidental to the primary business of selling pot, such as yoga classes, are also not allowed.



But cost of goods sold, which is like a deduction, is allowed because it is technically not a deduction.



A possible effect of the ruling is to make the cost of medical marijuana more expensive to compensate for the absence of deductions. They might also restructure their businesses so that the incidental stuff, like yoga classes, are operated as a truly separate business.



Anyway, the dispensary was closed down long ago as it was too close to a playground. Taxes plus accuracy related penalties (which has nothing to do with math errors) are still due.


Regarding whether expenses of operating a marijuana dispensary/shop are deductible.

MARTIN OLIVE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

formatting link
The court unanimously says that expenses are not deductible because this is an illegal activity.

Expenses incidental to the primary business of selling pot, such as yoga classes, are also not allowed.

But cost of goods sold, which is like a deduction, is allowed because it is technically not a deduction.

A possible effect of the ruling is to make the cost of medical marijuana more expensive to compensate for the absence of deductions. They might also restructure their businesses so that the incidental stuff, like yoga classes, are operated as a truly separate business.

Anyway, the dispensary was closed down long ago as it was too close to a playground. Taxes plus accuracy related penalties (which has nothing to do with math errors) are still due.

============================= Too bad this is a civil case, else the Choommeister-in-chief in the White House could issue a pardon. ;-)

Sorry, please don't make political slants here. I didn't find Choommeister in google. Anyway, Article 2, section 2 says the president "shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment". So it doesn't matter whether it is a civil or criminal case.

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