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James B. Mann

Special Counsel

jmann@harrisbeachmurtha.com
D: (917) 733-4043  
- Rochester, NY Office

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James Mann
Profile
Representative Matters
Resources
Distinctions

James has sophisticated tax experience, counseling clients on international, corporate and partnership tax issues. He’s worked extensively in the cannabis, renewable energy, financial services and health care industries as well as on cross-border international tax matters.

With government, business and legal experience, he advises on receiverships, tax planning, creating innovative structures to minimize current tax liability, mergers and acquisitions, real estate tax matters, opportunity zones and high-net-worth individual tax issues. He also has experience representing clients with tax disputes before the Internal Revenue Service and in court.

James previously served as the Deputy Assistant Attorney General of the Tax Division of the U.S. Department of Justice in charge of federal appellate tax litigation. He successfully argued the government’s position in SEC v. Levine, an important Second Circuit case reaffirming the primacy of federal tax liens. He regularly testified before Congress on tax issues.

As an employee of two Big Four accounting firms, James worked on the cross-border taxation of derivative financial products. He subsequently worked at Goldman Sachs and then as the North American head of the Tax and Debt Advisory Group at Societe Generale, leading a team in creating multi-billion-dollar tax-advantaged transactions for financial institutions.

In 2018, James responded to the lack of sophisticated tax advice for cannabis organizations and cannabis-related efforts by complementing his practice with tax planning and audit work for cannabis businesses. His work includes assisting cannabis, hemp and CBD companies, including large multi-state operators, start-ups, growers and non-plant-touching businesses, as well as registered medical marijuana organizations.

He understands the tax challenges cannabis businesses face in operating legally at the state level, but illegally at the federal level. He has deep experience with IRS Code 280E and how federal effective tax rates can exceed 50 percent. He regularly works on cannabis receiverships, Cannabis Employee Stock Ownership Plans, IRC Section 471(c) and many other options cannabis-related businesses consider to mitigate taxes and bankruptcy.

  • “Hallmark Research Collective v. Commissioner of Internal Revenue,” Nov. 29, 2022
  • “Patients Mutual Assistance Collection Corporation dba Harborside Health Center v. Commissioner of Internal Revenue,” Feb. 9, 2021
Insights
June 9, 2026

Potential Refund Opportunity for COVID-Era IRS Penalties and Interest

A recent court decision may create an opportunity to seek refunds or abatements of certain penalties and interest assessed during COVID.
May 28, 2026

Opportunity Zones 2.0: Benefits and Strategy

FL Gorman and James Mann share their insights in a conversation on “Opportunity Zones 2.0: Benefits and Strategy.”
May 27, 2026

OZ 2.0 Opportunity Zones in New York State: Key Information and Strategy

Coordinated, early advocacy significantly boosts the chances of selection when the Governor submits nominations for designations.
April 24, 2026

DOJ Issues Medical‑Only Schedule III Order — Caution Is Warranted

The order raises substantial legal and procedural questions and is already the subject of anticipated immediate litigation.
March 11, 2026

IRS Files First Response to Common Industry 280E Arguments

New Mexico Top Organics v. Commissioner, has been heralded as a critical vehicle for challenging the applicability of Section 280E.
January 28, 2026

New Rules for Qualified Opportunity Zones Present Opportunities

The new rules significantly increase attractiveness, particularly for a new category of Qualified Rural Opportunity Funds.
News
April 27, 2026

Harris Beach Murtha Attorneys Pen Article for MJBizDaily

The two discussed the recent limited rescheduling of marijuana and why it may not deliver the tax relief some hope.
December 22, 2025

Harris Beach Murtha Attorneys Discuss Cannabis Rescheduling in Media

Both attorneys say rescheduling will face challenges and likely won’t happen quickly.
Events

Opportunity Zones 2.0: Benefits and Strategy

May 27, 2026
Opportunity Zones 2.0 is expected to offer tax advantages for investors and developers.

Attorneys to Hold Online Discussion of Cannabis Rescheduling

May 6, 2026
Jason Klimek and James Mann have a comprehensive understanding of the cannabis industry.

Harris Beach Murtha Cannabis Attorneys FL Gorman, Jason Klimek and James Mann to Discuss Federal Marijuana Rescheduling

December 19, 2025
Harris Beach Murtha Cannabis Industry Team members FL Gorman, Jason Klimek and James Mann will discuss federal marijuana rescheduling.
External Publications
December 17, 2025

“Why the Supreme Court was Never Going to Hear the Canna Provisions Case,” Cultivated

August 29, 2025

“Trump’s Plan to Reschedule Marijuana Comes with Legal Perils,” Bloomberg Law

July 28, 2025

“How It Started: Cannabis Tax Law with James B. Mann,“ BUDSFEED

July 1, 2025

“Seasoned Attorney in Tax Law – Interview Series“, mycannabis,

June 30, 2025

“Marijuana Industry Lawsuit Has ‘Zero Chance’ Of Being Heard By Supreme Court, Former DOJ Lawyer Says," Marijuana Moment

May 27, 2025

“Cash-strapped NY weed businesses ‘bet the farm’ on a risky tax strategy to save millions,“ Crain’s New York Business

April 7, 2025

“Lack of clarity from IRS leads to differing anti-280E tax strategies among cannabis pros,“ Green Market Report

April 1, 2025

“Navigating Tax Challenges in Receivership,“ The Financial Executives Journal

February 23, 2024

“Pot Rescheduling Could Spur Inventory Accounting Change,” Law360

January 30, 2024

”Proposed cannabis wholesale tax is a bad idea (Guest Column),“ NYupstate.com

December 12, 2022

“Experts Predict New York Cannabis Taxes Will Undercut Legal Market,“ Green Market Report

December 12, 2022

“New York’s THC-Potency Excise Tax: Analysis and Recommendations,” White Paper

October 10, 2022

“Biggest impact of Biden cannabis order may be on taxes,” San Francisco Daily Journal,

September 2, 2022

“Opinion: Not paying federal taxes is a foolish form of marijuana financing,” MJBizDaily

January 23, 2022

“Could New York’s Cannabis Potency Tax Ruin the State’s Weed Industry?” The Bluntness

September 13, 2021

“Cannabis Tax and Transfer Pricing,” Bloomberg Tax

August 5, 2021

”Cannabis Tax and Transfer Pricing—Part 2—Methods,” Bloomberg Tax

August 4, 2021

“Cannabis Tax and Transfer Pricing—Part 1—Introduction,” Bloomberg Tax

April 23, 2021

“US appeals court denies cannabis firm Harborside’s bid to end 280E,” MJBizDaily

April 23, 2021

“Cannabis Ruling In Tax Case Highlights Coke’s Uphill Battle,” Law360

April 22, 2021

“9th Circ. Tosses Pot Co.’s Constitutional Attack On Tax Clause,” Law360

February 9, 2021

“Pot Dispensary’s Tax Code Fight Faces Skeptics At 9th Circ.,” Law360

Prev ...123... Next

Professional and Civic

  • New York State Bar Association, Cannabis Law Section, member
  • New York City Bar Association, Drugs and the Law Committee, member
Admissions
District of ColumbiaNew YorkU.S. Court of Appeals, Fifth CircuitU.S. Court of Appeals, Fourth CircuitU.S. Court of Appeals, Ninth CircuitU.S. Court of Appeals, Second CircuitU.S. Court of Appeals, Tenth CircuitU.S. Court of Federal ClaimsU.S. Supreme CourtU.S. Tax Court
Education

Harvard Law School

JD 

Columbia University

MBA 

Cornell University

BA 

Capabilities

Legal Practices

Member of:

Corporate
Tax

Industry Teams

Member of:

Cannabis
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James Mann

James B. Mann

Special Counsel

jmann@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
James Mann

James B. Mann

jmann@harrisbeachmurtha.com
D: (917) 733-4043
Rochester, NY Office

Profile

James has sophisticated tax experience, counseling clients on international, corporate and partnership tax issues. He’s worked extensively in the cannabis, renewable energy, financial services and health care industries as well as on cross-border international tax matters.

With government, business and legal experience, he advises on receiverships, tax planning, creating innovative structures to minimize current tax liability, mergers and acquisitions, real estate tax matters, opportunity zones and high-net-worth individual tax issues. He also has experience representing clients with tax disputes before the Internal Revenue Service and in court.

James previously served as the Deputy Assistant Attorney General of the Tax Division of the U.S. Department of Justice in charge of federal appellate tax litigation. He successfully argued the government’s position in SEC v. Levine, an important Second Circuit case reaffirming the primacy of federal tax liens. He regularly testified before Congress on tax issues.

As an employee of two Big Four accounting firms, James worked on the cross-border taxation of derivative financial products. He subsequently worked at Goldman Sachs and then as the North American head of the Tax and Debt Advisory Group at Societe Generale, leading a team in creating multi-billion-dollar tax-advantaged transactions for financial institutions.

In 2018, James responded to the lack of sophisticated tax advice for cannabis organizations and cannabis-related efforts by complementing his practice with tax planning and audit work for cannabis businesses. His work includes assisting cannabis, hemp and CBD companies, including large multi-state operators, start-ups, growers and non-plant-touching businesses, as well as registered medical marijuana organizations.

He understands the tax challenges cannabis businesses face in operating legally at the state level, but illegally at the federal level. He has deep experience with IRS Code 280E and how federal effective tax rates can exceed 50 percent. He regularly works on cannabis receiverships, Cannabis Employee Stock Ownership Plans, IRC Section 471(c) and many other options cannabis-related businesses consider to mitigate taxes and bankruptcy.

Areas of Expertise

Legal Practices

Member of:

Corporate
Tax

Industry Teams

Member of:

Cannabis
Please select listing to show.

Admissions

District of ColumbiaNew YorkU.S. Court of Appeals, Fifth CircuitU.S. Court of Appeals, Fourth CircuitU.S. Court of Appeals, Ninth CircuitU.S. Court of Appeals, Second CircuitU.S. Court of Appeals, Tenth CircuitU.S. Court of Federal ClaimsU.S. Supreme CourtU.S. Tax Court

Representative Matters

  • “Hallmark Research Collective v. Commissioner of Internal Revenue,” Nov. 29, 2022
  • “Patients Mutual Assistance Collection Corporation dba Harborside Health Center v. Commissioner of Internal Revenue,” Feb. 9, 2021

Distinctions

Professional and Civic

  • New York State Bar Association, Cannabis Law Section, member
  • New York City Bar Association, Drugs and the Law Committee, member
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 13, 2026 2:15 am