Californians Helping to Alleviate Medical Problems, Inc. - Page 13




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               !         The $2,185 deducted for security reflects the                
                    cost of security at the main facility, including                  
                    the costs of an alarm company and medical service.                
               !         The $660 deducted for supplies reflects the                  
                    costs petitioner incurred to buy various supplies.                
               !         The $7,870 deducted for telephone reflects                   
                    the cost petitioner incurred for its telephone                    
                    service.                                                          
               !         The $18,514 deducted for utilities reflects                  
                    the cost of the gas and electricity petitioner                    
                    used at its main facility.                                        
                                       OPINION                                        
               The parties agree that during the subject year petitioner              
          had at least one trade or business for purposes of section 280E.            
          According to respondent, petitioner had a single trade or                   
          business of trafficking in medical marijuana.  Petitioner argues            
          that it engaged in two trades or businesses.  Petitioner asserts            
          that its primary trade or business was the provision of                     
          caregiving services.  Petitioner asserts that its secondary trade           
          or business was the supplying of medical marijuana to its                   
          members.  As to its trades or businesses, petitioner argues, the            
          deductions for those trades or businesses are not precluded by              
          section 280E in that the trades or businesses did not involve               
          “trafficking” in a controlled substance.  Respondent argues that            







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Last modified: November 10, 2007