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Tax Decisions & Orders

B&M Enterprises, Inc.

03/16/2003 03-16 The Taxpayer was a corporation doing business in New Mexico. It suffered two serious airplane accidents and other financial setbacks that resulted in closure of the business in February 2000. After a federal audit, the Department received a revenue...

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Desert Rose Landscaping

03/15/2003 03-15 The Taxpayer filed CRS taxes using a special deposit box situated outside the Department’s Santa Fe District Office especially for acceptance of tax payments on or before the due date for various taxes. In this instance the Taxpayer maintained that...

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Support Terminals Operating Partnership

03/14/2003 03-14 From January 1994 through December 1999, the Taxpayer had receipts from a federal contract for the storage of jet fuel in two tanks at the Taxpayer’s storage terminal in Alamogordo, New Mexico. After conducting a field audit, the Department concluded...

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Andrew S. Burg

03/13/2003 03-13 The Taxpayer filed New Mexico personal income tax returns for tax years 1998 and 1999. The Internal Revenue Service examined his 2000 return and recognized the Taxpayer as a professional stock trader and allowed him to claim a net operating loss (NOL)...

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Linda Duran

03/12/2003 03-12 From January through December 1999 the Taxpayer, a Texas resident, performed services as a speech pathologist under a contract with a New Mexico school district.  She did not know that she had an obligation to register her business in New Mexico and...

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Burlington Northern SF Corp

02/17/2003 03-04 Atchison, Topeka and Santa Fe Railway Company (AT&SF) was a railroad company operating in New Mexico in the 1970's.  In 1974, AT&SF entered into an agreement with the Department pursuant to current section 7-4-20 of New Mexico's version of the...

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Red Mesa Construction

01/29/2003 03-03 The Taxpayer was engaged in the construction business in New Mexico.  In December 2001, the Department assessed the Taxpayer for gross receipts tax, penalty and interest due for the 1999 tax year.  In January 2002, the Taxpayer mailed a written...

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Jose L. and Clara Arrieta

01/16/2003 03-02 The Taxpayer reported his 1999 income from performing paralegal services as business income on Schedule C to his 1999 federal income tax return.  In May 2002, the Department assessed the Taxpayer for gross receipts tax, penalty and interest on this...

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Kevin Pierce

01/13/2003 03-01 From 1980 until 2000, the Taxpayer was a resident of Texas and worked for the El Paso Police Department.  In 2000, the Taxpayer retired and became a resident of New Mexico.  In February 2001, the El Paso Police Department sent the Taxpayer a check for...

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John F. Gilliam Jr. and Martha L. Gilliam

12/30/2002 02-33 The Taxpayers failed to file New Mexico income tax returns for the 1994 and 1995 tax years.  In 1997, the Department assessed the Taxpayers for personal income tax, penalty, and interest for those years.  The Taxpayers protested the assessment,...

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