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‘Justice Thomas’s Statement Is Not Even Dicta’: 10th Circ. Rejects Marijuana Dispensary Owners’ Reliance on Justice’s Comments in Tax Dispute

“But we want to be very clear: We will continue to faithfully apply Gonzales v. Raich unless the Supreme Court instructs us otherwise,” concluded Circuit Judge Bobby R. Baldock. “The taxpayers cannot show the IRS lacked a legitimate purpose based on Justice Thomas’s statement.”

       

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