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Jennifer Benda

Partner

555 17th Street, Suite 3200, Denver, CO 80202
P 303.295.8203 F 303.547.9983
OVERVIEW

Jennifer brings sophisticated experience as a tax attorney and former CPA to counsel businesses and individuals on emerging and complex tax controversy and litigation issues.

Jennifer handles high dollar value, sensitive tax matters with significant legal issues at stake for businesses and individuals. Drawing on experience as a tax accountant and as a tax lawyer, she is respected by clients for her ability to navigate complex situations and provide front-line protection with the goal of alleviating the stress clients experience when facing scrutiny from tax authorities.  

In disputes with the IRS and state and local tax authorities, she is a deft, respected negotiator in reaching out-of-court solutions; and an ardent advocate, litigating issues to ensure her clients receive even-handed treatment.

Clients appreciate Jennifer's straightforward, no-nonsense approach to tax planning: keep it simple and don’t make things harder than they need to be. She helps clients plan and implement proactive tax strategies to protect their assets and achieve their business and financial goals.

Jennifer is also a sought-after expert witness on complex tax issues, providing opinions in federal and state court litigation as well as arbitrations.

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EXPERIENCE

Experience

Tax Litigation and Controversy 
  • Captive insurance
  • Conservation easements 
  • Valuation in estate and gift disputes
  • Advise individuals on offshore asset reporting requirements and voluntary disclosures
  • Advise high net worth individuals subject to IRS scrutiny or audit
  • Advisor and expert witness on “business divorce” tax issues
  • Sales and use tax issues
  • Marijuana excise tax issues
  • Cannabis industry expertise, including IRC §280E Adjustments and Challenges
  • Examinations, Appeals, and Litigation
  • Federal, State, and Local Tax Compliance
CLIENT RESULTS

Client Results

Negotiations with Tax Authorities

  • Assisted individual who failed to file tax returns for more than 20 years to achieve state and federal compliance without prosecution or collection action.*

  • Prepared voluntary disclosures for clients with an undisclosed off-shore bank account to avoid criminal prosecution.*

Audit Work

  • 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.*

  • 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.*

  • 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.*

  • Counsel clients with Section 831(b) captive insurance companies during IRS audit, IRS appeals, and Tax Court.*

Cannabis Industry

  • Regularly represent state-licensed cannabis businesses during IRS examinations, Appeals and Tax Court. Apply accounting background and solid legal arguments to achieve proper settlements for cannabis companies.*

  • Transactional tax planning and due diligence for state-licensed cannabis businesses.* 

  • Assist 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).*

Other Experience

  • *Indicates matters Jennifer worked on before joining Holland & Hart

PRACTICES

Practices

Tax Controversy
Income Tax
State and Local Tax
Tax and Benefits
INDUSTRIES

Industries

Cannabis
NEWS AND INSIGHTS

News

Jennifer Benda Featured in Law360's "Holland & Hart Adds Cannabis Tax Litigator In Denver", 04/21/2022
Holland & Hart Welcomes Tax Controversy Partner Jennifer Benda, 04/20/2022
Jennifer Benda Quoted in Tax Notes Article "Pot Business Succession Planning Includes Perks and Pitfalls", 8/23/21
Colorado Society of CPAs Quotes Jennifer Benda in "Tax and Legal Issues Facing Colorado's Marijuana Industry", July/August 2021
Jennifer Benda Quoted in Tax Notes Article "Existing Tax Rules May Already Serve Pot Tax Transition", 7/28/21
Jennifer Benda Quoted in Tax Notes Article "IRS Pot Participation Guides Leave Practitioners Hungry for More", 5/10/21
Tax Notes Federal Quotes Jennifer Benda in "IRS Inventory Accounting Memo Geared to Cannabis Industry", 4/26/21
Jennifer Benda Quoted in Tax Notes Article "Marijuana Retailer Still Owes IRS $11 Million", 4/23/21
Jennifer Benda Quoted in Law.com's "Ninth Circuit Rejects Harborside's Tax Arguments", 4/22/21
MJBizDaily Quotes Jennifer Benda in "Marijuana firms could face higher taxes via Biden spending plan and state rules", 4/20/21
Jennifer Benda Quoted in Yahoo! Finance's "New York in 'unique position' as it competes with New Jersey for marijuana dollars", 4/5/21
Jennifer Benda Quoted in The Center Square's "As New York anticipates windfall from marijuana legalization, still many details to be worked out", 4/2/21
The Leaf Quotes Jennifer Benda in "Full House of Reps votes to begin to legalize", 12/10/20
Jennifer Benda Quoted in Colorado Politics Article "Denver dispensary asks U.S. Supreme Court to rule on legality of marijuana", 11/9/20
Colorado Politics Quotes Jennifer Benda in "Court upholds IRS authority to investigate Colorado cannabis companies", 10/21/20
Jennifer Benda Quoted in GlobeSt.com's "IRS Increases Auditing for High Net Worth Individuals", 7/8/20
Jennifer Benda Quoted in FSHN Magazine's "IRS To Audit More High-Wealth Taxpayers & Offer Settlements for Conservation Easements", 7/1/20
WeedWeek Quotes Jennifer Benda in "Harborside Appeals for 280E Relief", 6/3/20
NBC's Today Quotes Jennifer Benda in "Should you keep a stimulus check for a deceased relative", 5/1/20
Jennifer Benda Quoted in Denver Business Journal's "Deemed ‘Essential,' Colorado Cannabis Companies Navigate Crisis Alone", 4/16/20
Jennifer Benda Featured in Denver Business Journal's "Cannabis Compliance: Q&A with Fox Rothschild Partner Jennifer Benda", 2/1/2019
Bloomberg Tax Quotes Jennifer Benda in "States Approving Legal Marijuana Must Avoid Tax Revenue Potholes", 11/7/2018
Jennifer Benda Quoted in The Recorder's "How Tax Lawyers are Advising Cannabis Clients", 8/27/2018
Jennifer Benda Quoted in Green Rush Daily's "5 Challenges Plant-Touching Cannabis Companies Face", 7/31/2018
Forbes Quotes Jennifer Benda in "Marijuana Industry Faces Challenging Tax Regime", 7/19/2018
Jennifer Benda Quoted in Green Rush Daily's "How Weed Businesses Pay Their Taxes", 6/16/2018
Jennifer Benda Quoted in The Philadelphia Inquirer's "Your Taxes Pale Beside What Marijuana Businesses Pay", 3/2/2018

Publications

"The Future of Marijuana Taxation: The MORE Act Could Mean More Complications for the Marijuana Industry," Law Week Colorado, 5/24/2021
"Settle or fight? The Challenges of Section 280E and Cannabis," Los Angeles/San Francisco Daily Journal, 4/30/2021
"10th Circ. IRS Summons Ruling Shows Cannabis Biz Dilemma," Law360 Tax Authority, 11/5/2020
"Some Progress In Battle For Cannabis Biz Tax Deductions," Law360 Tax Authority, 11/5/2019
"It's 2 Steps Forward, 1 Step Back for the Cannabis Industry," Law360, February 2019

Speaking Engagements

"The Next Generation of Cannabis Tax Issues: Lessons from the Front Lines," Cannalaw Summit, 05/03/2022
"How to Hash it Out with the IRS," Cannabis Higher Learning: Your Legal Roadmap, 04/19/2022
"Marijuana Business Taxation: Watching Your Profits Go Up in Smoke," Colorado Bar Association Tax Section, 4/13/2022
"Practical Impact of Section 280E Litigation on Structuring and Due Diligence," AICPA & CIMA Cannabis Industry Conference, Panelist, 11/9/2021
"Section 280E Disputes: When to Hold 'Em, When to Fold 'Em," AICPA & CIMA Cannabis Industry Conference, 11/8/2021
"Cannabis is Going National – Opportunities and Pitfalls," Federal Bar Association Section of Taxation 45th Annual Tax Law Conference, 5/5/2021
"Tax Issues Relating to High Regulated Industries," International Bar Association Tax Section Meeting, Toronto, November 2019
"Cannabis and Marijuana Tax Issues," Celesq, November 2019
"Ethical Considerations for Advising and Representing Client on Cannabis and Cryptocurrency," ABA Section of Taxation May Meeting, San Francisco, October 2019
"Marijuana Tax Issues and Reporting Requirements," Lorman Education Services, 8/29/2019
"How To Avoid Professional Liability Claims Against CPA Firms," Lorman Education Services, 5/20/2019
"Emerging Issues in AML and Money Laundering: Bank Secrecy Act Reform, Cryptocurrencies and the Cannabis Industry," Practicing Law Institute, 5/14/2019
"Tax Issues Faced by Marijuana Companies with a Focus on Recent Developments," Colorado Bar Association, 4/10/2019
"Marijuana Tax Issues and Reporting Requirements," Lorman Education Services, 2/8/2019
"Top Federal Tax Issues for 2018," Lorman Education Services, December 2018
"Legal Cannabis and Taxes," Celesq – AttorneysEd Center, December 2018
"Marijuana Tax Issues and Reporting Requirements," Lorman Education Services, August 2018
"Medical Marijuana Law in Illinois," National Business Institute, Chicago, Illinois, June 2018
"Critical Issues for Cannabis Businesses," ABA Section of Taxation May Meeting, Washington D.C., May 2018
"Tax Code and Practice Changes 2017," Colorado Bar Association CLE , Denver, Colorado, April 2018
"Marijuana Tax Issues and Reporting Requirements," Lorman Education Services, February 2018
"Current Federal Tax Issues and Reporting Requirements," Lorman Education Services, January 2018
EDUCATION AND ADMISSIONS

Education

George Washington University School of Law
J.D., 2005
  • With honors
Texas A&M University
M.S., 1995
  • Accounting - Tax
Certified Public Accountant, Texas
1995 to present
Texas A&M University
B.B.A., 1994
  • Accounting

Bar Admissions

Colorado

Court Admissions

U.S. Court of Appeals, Tenth Circuit
U.S. Tax Court
U.S. District Court for Colorado
U.S. Court of Appeals, Ninth Circuit
RECOGNITION

Recognition

  • Chambers USA: Leading Lawyers for Business, Tax, Colorado, 2020-2021
  • Chambers USA: Leading Lawyers for Business, Nationwide Cannabis Law: Western United States, 2019-2021
  • National Law Journal Cannabis Law Trailblazer, 2018
  • 5280 Magazine Top Lawyers, Marijuana Law, 2020-2022
  • Colorado Super Lawyers® Rising Stars, Tax, 2010-2015
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

  • American College of Tax Counsel, Fellow, 2021-present
  • Colorado Leads, Board of Directors, 2021-present
  • American Bar Association, Section of Taxation 
    • Administrative Practice, Civil and Criminal Tax Penalties Commitee
    • Court Procedure and Practice Committee
  • Colorado Bar Association, Tax Section Executive Council ABA Liaison, 2014-2019 
  • Voluntary Income Tax Assistance Program for military members, Trainer, 2014-present
  • Color of Cannabis: Instructor, 2020-present
  • ALIGHT (Alliance to Lead Impact in Global Human Trafficking), pro bono legal advisor, 2020-present
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

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