Why 280E No Longer Applies Ahead of Rescheduling: A Deep Dive Into the New Mexico Top Organics Case, and the Risks and Rewards of Amending Returns for Refunds

Why 280E No Longer Applies Ahead of Rescheduling:
A Deep Dive Into the New Mexico Top Organics Case, and the Risks and Rewards of Amending Returns for Refunds

Feb. 24, 2026 | 1 P.M. ET

Join us for this no-cost webinar where Justin Botillier, CEO of Calyx CPA LLC, will discuss the justification for moving forward without reducing deductions otherwise disallowed by 280E ahead of rescheduling, as well as amending tax returns to recapture lost deductions despite the IRS’s reiterated position that 280E continues to apply.

Justin will present the legal basis for this approach through an introduction to the New Mexico Top Organics v. Commissioner case and the arguments being advanced in that litigation, including the position that cannabis no longer “fits the meaning” of a Schedule I substance as referenced in the Internal Revenue Code, independent of formal rescheduling.

He will also highlight the importance of statutes of limitation, the need to act promptly, and the potential benefits of filing a protective claim for refund.

Live Q&A – Bring your questions!

(Even if you can’t make the live event, we will record the webinar and send the video to all registrants, so you can watch it later!)

Register Now

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