05/01/2006 06-07 In 1991, Wal-Mart transferred its trademarks and tradenames to WMR, Inc., a wholly-owned subsidiary with its principal place of business in Delaware. WMR then granted Wal-Mart a license to use the trademarks at its retail stores within the United...
05/01/2006 06-06 In 2002, the taxpayers filed timely 2001 state and federal income tax returns. In 2003, the IRS informed the taxpayers of an error in their return, resulting in additional tax. Although the taxpayers’ accountant advised them that they were required...
04/19/2006 06-05 Due to marital difficulties with his wife, the taxpayer did not have access to the records needed to file his 1997 personal income taxes until 2002. At that time he filed his New Mexico return showing a refund. The Department denied the taxpayer’s...
03/22/2006 06-04 The taxpayer’s accountant filed the taxpayer’s CRS return electronically using the Department’s CRS-Net system. Payment was made using an electronic check. The taxpayer’s accountant received a confirmation from CRS-Net confirming receipt of the...
02/01/2006 06-03 Following a field audit, the Department assessed the taxpayer for gross receipts tax, compensating tax, penalty, and interest. The taxpayer protested the assessment of penalty, claiming that its failure to pay tax was not due to negligence. The...
01/23/2006 06-02 The taxpayers were physically present in New Mexico for more than 185 days in 2003, before moving to the state of Washington. On their 2004 New Mexico personal income tax return, the taxpayers excluded from the income listed on Form PIT-B the income...
01/12/2006 06-01 After erroneously claiming the personal income tax exemption for persons 65 years of age and older, the Department assessed the taxpayer tax, penalty and interest. The taxpayer paid the assessment, and then claimed a refund of the penalty and...
12/06/2005 05-24 The Department assessed the taxpayer for personal income tax for 2000 and 2001, based upon information from the IRS regarding underreporting of income. The taxpayer protested the assessment, claiming that it violated the statute of limitations and...
10/19/2005 05-23 The taxpayer protested an assessment of gross receipts tax that was based on the business income reported on his 2001 federal income tax return. The taxpayer, who engaged in the business of home repair, purchased materials under his own name. Upon...
10/17/2005 05-22 The taxpayer protested an assessment of 1999 personal income tax that was based on information the Department received from the IRS. The taxpayer argued that his income did not fit the definition of “gross income” defined in the Internal Revenue...