Californians Helping to Alleviate Medical Problems, Inc. - Page 3




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          Supp. 2007).2  We hold that those deductions are precluded.  We             
          also decide whether section 280E precludes petitioner from                  
          deducting the ordinary and necessary expenses attributable to its           
          provision of counseling and other caregiving services                       
          (collectively, caregiving services).  We hold that those                    
          deductions are not precluded.                                               
                                  FINDINGS OF FACT                                    
               Certain facts were stipulated and are so found.  The                   
          stipulation of facts and the exhibits attached thereto are                  
          incorporated herein by this reference.  When the petition was               
          filed, petitioner was an inactive California corporation whose              
          mailing address was in San Francisco, California.                           
               Petitioner was organized on December 24, 1996, pursuant to             
          the California Nonprofit Public Benefit Corporation Law, Cal.               


               2 At a general election held on Nov. 5, 1996, the California           
          electors approved an initiative statute designated on the ballot            
          as Proposition 215 and entitled “Medical Use of Marijuana”.  See            
          People v. Mower, 49 P.3d 1067, 1070 (Cal. 2002).  The statute,              
          the California Compassionate Use Act of 1996, codified at Cal.              
          Health & Safety Code sec. 11362.5 (West Supp. 2007), was intended           
               To ensure that seriously ill Californians have the                     
               right to obtain and use marijuana for medical purposes                 
               where that medical use is deemed appropriate and has                   
               been recommended by a physician who has determined that                
               the person’s health would benefit from the use of                      
               marijuana in the treatment of * * * any * * * illness                  
               for which marijuana provides relief.                                   
          Id. sec. 11362.5(b)(1)(A); see also People v. Mower, supra at               
          1070.  We use the term “medical marijuana” to refer to marijuana            
          provided pursuant to the statute.                                           






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