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OUR RESULTS

 Case:

Global Hookah Distributors, Inc. v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Case no. 16-3105RU (DOAH August 18, 2016)

Global Hookah Distirbutors is a tobacco distributor located in Charlotte, North Carolina.  Global was assessed over $500,000 by Florida’s Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for nontobacco items such as federal excise tax and shipping.  In addition to defending the assessment, our firm was able to successfully argue that the Department was operating under an unadopted rule.  Not only was the assessment withdrawn in its entirety, but the Department was ordered to pay about $170,000 of attorney’s fees.

 

Court Order:

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Appellate Opinion:

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Final Court Order on Attorneys Fees:

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Case:

Grabba-Leaf, LLC, v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Case No. 16-3160RU (DOAH, August 26, 2016)

Grabba-Leaf is a distributor of blunt wraps. We successfully secured a refund of over $800,000 for our client because the blunt wraps were not a taxable tobacco product under Florida law.

 

Court Order:

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Appellate Opinion:

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Case:

BBK Tobacco & Foods, LLP v. State of Florida, Department of Business & Professional Regulation, Case No. CACE-15-001597 (2nd Circuit, ????)

BBK Tobacco & Foods, LLP was a tobacco distributor that sold a wide variety of tobacco products including an item called cigar or blunt wrap. We successfully secured a refund on its blunt wraps of about $150,000 because we successfully argued the blunt wraps were not a taxable “tobacco product” as defined by Florida law.

Case:

Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages & Tobacco v. Florida Bee Distribution, Inc., Case No. 1D16-1064 (DCA Oct. 20, 2016)

Florida Bee Distribution Inc. , a Florida tobacco distributor, was assessed approximately $200,000 in tobacco excise tax, surcharge, interest, and penalties for urchases made during the audit period. Similarly, our clients, Planet Trading and Melbourne LLC, other tobacco distributors, were assessed over $100,000 as well.  The Department ignored the prior ruling, called Micjo, and assessed state tax on nontobacco items such as federal excise tax reimbursements.  In addition to arguing the federal excise tax should not be taxed, our firm argued that the Department was operating pursuant to an unadopted rule.  In addition to getting the assessments removed in their entirety, it was determined that it was assessed base on an unadopted rule and the court awarded attorney fees.

 

Court Order:

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Appellate Opinion:

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Argument:

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Case:

Brandy’s Products, Inc. v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Case No. 14-3496, (DOAH, June 11th, 2015)

Brandy’s dealt with whether blunt wraps were a taxable “tobacco products” under Florida law.  The Department of Business and Professional Regulation (DBPR) assessed approximately $75,000 because it believed blunt wraps were loose tobacco suitable for smoking. On appeal, we successfully argued that the product was not taxable, had the assessment withdrawn, and recovered attorney’s fees on behalf our client.

 

Court Order:

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Appellate Opinion:

Download appellate opinion

 

Argument:

View argument here

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