Dispensary Challenged IRS Tax Bill in Court

DIV Holdings LLC is fighting a $1.2 million tax deficiency and penalty assessment for the 2019 tax year.

Updated on Oct. 2, 2026 in Taxes

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DIV Holdings LLC is challenging a $1.2 million tax deficiency in U.S. Tax Court, arguing that recent federal marijuana reclassification invalidates IRS expense rules. AI Illustration. Upload story photo >

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DIV Holdings LLC, operator of the Jardin Premium Cannabis Dispensary in Las Vegas, has challenged a $1.2 million tax bill in the US Tax Court. The company is contesting the IRS denial of business expense deductions for the 2019 tax year.

Why it matters

The company argues that federal marijuana rescheduling undermines the tax rule used by the IRS to justify the deficiency. This dispute centers on whether federal tax policies regarding cannabis business expenses remain applicable following the government's reclassification of the substance.

The dispute involves $1.2 million in tax deficiency and penalties assessed by the IRS for the 2019 tax year. This total accounts for the millions of dollars in business expenses that the agency initially refused to allow as deductions.

The players

DIV Holdings LLC

This company is the operator of the Jardin Premium Cannabis Dispensary located in Las Vegas.

US Tax Court

This is the federal court where the legal challenge to the IRS tax deficiency and penalty assessment has been filed.

IRS

The federal agency responsible for issuing the $1.2 million tax deficiency assessment and denying the business expense deductions.

The details

DIV Holdings LLC claims the federal government has improperly denied business expense deductions that are central to its operations. The company asserts that recent federal reclassification of marijuana renders the specific tax rule used to justify the assessment invalid.

Timeline

  1. The tax dispute concerns the 2019 tax year.

Market Dynamics

This litigation highlights the tension between legacy tax policies and the evolving legal status of the cannabis industry. It mirrors a broader industry effort to overturn tax frameworks that restrict deductions for state-legal marijuana businesses.

This case creates uncertainty for investors in cannabis-related businesses regarding the future of federal tax liabilities and expense deductibility. A favorable outcome for the dispensary could lead to shifts in how similar firms manage their tax reporting strategies and risk exposure.

The takeaway

This case underscores the financial complexity facing cannabis operators navigating federal tax regulations. Business owners should maintain precise records while monitoring legal challenges to established tax codes.

Further reading

For more information on local fiscal matters, visit the Taxes section.

Source note: This article includes information reported by Bloomberglaw.

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Should federal tax rules change automatically when the government reclassifies a controlled substance?