Californians Helping to Alleviate Medical Problems, Inc. - Page 18




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          exchange for part of their membership fees.5  Accord United                 
          States v. Oakland Cannabis Buyers’ Coop., supra at 489.                     
               We now turn to analyze whether petitioner’s furnishing of              
          its caregiving services is a trade or business that is separate             
          from its trade or business of providing medical marijuana.                  
          Taxpayers may be involved in more than one trade or business,               
          see, e.g., Hoye v. Commissioner, T.C. Memo. 1990-57, and whether            
          an activity is a trade or business separate from another trade or           
          business is a question of fact that depends on (among other                 
          things) the degree of economic interrelationship between the two            
          undertakings, see Collins v. Commissioner, 34 T.C. 592 (1960);              
          sec. 1.183-1(d)(1), Income Tax Regs.  The Commissioner generally            
          accepts a taxpayer’s characterization of two or more undertakings           
          as separate activities unless the characterization is artificial            
          or unreasonable.  See sec. 1.183-1(d)(1), Income Tax Regs.                  
               We do not believe it to have been artificial or unreasonable           
          for petitioner to have characterized as separate activities its             
          provision of caregiving services and its provision of medical               


               5 In support of its position, petitioner relies upon Raich             
          v. Ashcroft, 352 F.3d 1222, 1228 (9th Cir. 2003), vacated and               
          remanded sub nom. Gonzales v. Raich, 545 U.S. 1 (2005), where the           
          Court of Appeals for the Ninth Circuit reasoned that the use of             
          medical marijuana is “different in kind from drug trafficking”.             
          Petitioner’s reliance on that reasoning is mistaken.  The U.S.              
          Supreme Court rejected the reasoning in Gonzales v. Raich, supra            
          at 26-28, 31-33, holding that the Controlled Substances Act                 
          applied to individuals within the purview of California’s medical           
          marijuana law.                                                              






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