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Alpenglow Botanicals, LLC, et al. v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-1223 · judgment July 3, 2018

Certiorari denied · June 24, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did Congress, under 26 U.S.C. §280E, empower the IRS and its civil auditors to investigate federal drug law crimes and administratively determine whether a taxpayer is criminally culpable under federal drug laws?

  2. Is Section 280E – a provision that strips the taxpayer of the benefit of taking otherwise lawful deductions and credits if it is found that the taxpayer is a criminal drug trafficker – a penalty for crime?

Counsel of record

For petitioner
James David Thorburn
Thorburn Law Group

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Federal Taxation (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Linked docket
18A659

Order
Order list, June 24, 2019 · Certiorari denied

Proceedings

  1. Jun 24 2019
    Petition DENIED.
  2. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  3. May 29 2019
    Reply of petitioners Alpenglow Botanicals, LLC, et al. filed.
  4. May 20 2019
    Brief of respondent United States in opposition filed.
  5. Apr 10 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2019.
  6. Apr 09 2019
    Motion to extend the time to file a response from April 19, 2019 to May 20, 2019, submitted to The Clerk.
  7. Mar 20 2019
    Response Requested. (Due April 19, 2019)
  8. Mar 13 2019
    DISTRIBUTED for Conference of 3/29/2019.
  9. Mar 07 2019
    Waiver of right of respondent United States to respond filed.
  10. Feb 21 2019
    Petition for a writ of certiorari filed. (Response due March 29, 2019)
  11. Dec 21 2018
    Application (18A659) granted by Justice Sotomayor extending the time to file until February 22, 2019.
  12. Dec 13 2018
    Application (18A659) to extend the time to file a petition for a writ of certiorari from December 24, 2018 to February 22, 2019, submitted to Justice Sotomayor.
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