Abdul Al-Kasir

06-14

The Taxpayer owned two businesses in Albuquerque, New Mexico, which were operated primarily as gas stations and convenience stores.  The Department audited the businesses, but the Taxpayer failed to provide any invoices, cash register tapes, ledgers, journals or other business records.  The Department obtained the Taxpayer’s federal income tax returns and bank statements by means of a subpoena.  Based on these records, the Department assessed the Taxpayer for unpaid gross receipts taxes on the sale of gasoline.  The Taxpayer protested, arguing that he leased the gas stations to third parties and was not responsible for their operation during the audit period.  The Taxpayer also questioned the methodology used to calculate his tax liability.  The Hearing Officer held that the evidence supported the conclusion that the Taxpayer was operating the two gas stations during the period at issue.  The Hearing Officer also held that given the lack of business records, § 7-1-11 authorized the Department to use alternative methods of estimating the Taxpayer’s tax liability, including the use of his federal income tax returns, bank deposit statements and industry standards.  The Taxpayer’s protest was denied.