Jennifer Benda Tax and Cannabis Attorney Denver

A former Certified Public Accountant (CPA), Jennifer Benda is an experienced tax attorney who handles tax controversy and income tax planning and compliance matters. She serves as a steadfast advocate for clients, developing relationships with IRS personnel and IRS Appeals and state departments of revenue, and leverages these relationships to successfully resolve her clients’ tax matters. While Jennifer recognizes that out-of-court solutions can be more beneficial to her clients, she is prepared to take cases to court when necessary to ensure her clients are treated fairly.

Jennifer has developed a niche advising and defending businesses in the cannabis industry with tax related matters. In addition, her decade-long tenure as a CPA prior to entering the legal field enables her to provide additional benefits to clients in cases involving valuation or accounting issues and to effectively solve complicated tax issues.

Jennifer has been ranked by Chambers USA in the Nationwide Cannabis Law: Corporate/Transactional practice, as well as in Tax Law for Colorado. She is a Fellow of the American College of Tax Counsel. In addition, in 2021, she was recognized as a top lawyer in Denver by 5280 magazine. Further, she is a frequent speaker nationwide on the topic of Cannabis Law and Taxation.

Education

George Washington University Law School (J.D., with honors, 2005)
Texas A&M University - Mays Business School (M.S. in Accounting (Tax), 1995)
Texas A&M University (B.B.A. in Accounting, 1995)

Admissions

Colorado
District of Columbia
U.S. Tax Court
District of Colorado
Ninth Circuit Court of Appeals
Tenth Circuit Court of Appeals

Practice Areas

Legal Experience

2019-Present Hall Estill
2015-2019 Fox Rothschild
2005-2015 Baker & Hostetler

Representative Matters & Clients

Resolved a large estate tax audit for a client with significant oil and gas holdings. Addressed valuation issues and used specific case details to reach an effective resolution.
Achieved compliance without prosecution or collection action for the client, who failed to file tax returns for more than 20 years.
Prepared voluntary disclosures for clients with an undisclosed off-shore bank account to avoid criminal prosecution.
Regularly represents state-licensed cannabis businesses during IRS examinations, Appeals and Tax Court. Applies accounting background and solid legal arguments to achieve proper settlements for cannabis companies.
Transactional tax planning and due diligence for state-licensed cannabis businesses.
Assists clients with department of revenue audits for cannabis industry taxes.
On behalf of two major industry groups, filed amicus brief in Patients Mutual Assistance Collective Corporation, dba Harborside Health Center v. Commissioner of Internal Revenue, Ninth Circuit Dkt. No. 19-73078, appealing 151 T.C. 176 (2018).
Resolved large estate tax audit for client with investments held through family limited partnership, including resolution of valuation issues, Section 2036 issues, and dispute about the amount of charitable deduction allowed.
Counsels clients with Section 831(b) captive insurance companies during IRS audit, IRS appeals, and Tax Court.
Resolved a large estate tax audit for a client with significant oil and gas holdings. Addressed valuation issues and used specific case details to reach an effective resolution.
Achieved compliance without prosecution or collection action for the client, who failed to file tax returns for more than 20 years.
Prepares voluntary disclosures and streamlined disclosures for clients with undisclosed off-shore bank accounts and other foreign reporting requirement delinquencies to avoid criminal prosecution and punitive penalties.
Assists clients with penalty abatements, correction of non-filing, and tax collection matters.

Professional Involvement

American Bar Association, Section of Taxation (Committee on Administrative Practice, Civil and Criminal Tax Penalties; Court Procedure and Practice)
Colorado Bar Association, Tax Section Executive Council ABA Liaison
Law360 Tax Editorial Advisory Board (2014)
Fellow, American College of Tax Counsel

Community Involvement

Trainer, IRS Military VITA (2014-Present)
- On behalf of the IRS Military VITA program, Jennifer recruits teaching volunteers and leads training of volunteers who will be preparing tax returns for military families at military bases in Colorado.

Honors & Awards

Recognized by Chambers USA for Cannabis Law - Nationwide (2019 - 2020)
Recognized by Chambers USA for Tax Law - Colorado (2020)
Named to Colorado Super Lawyers Rising Stars (2010-2015)
Named a Cannabis Law Trailblazer by The National Law Journal (2018)

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Jennifer E. Benda Shareholder

Education

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