05/10/1999 99-20 Taxpayers, who had wages from employment in New Mexico, filed New Mexico PIT returns reporting zero income and requesting a refund of taxes withheld by their employers. The refund was denied and Taxpayers protested, claiming 1) they are not subject to...
Tax Decisions & Orders
Anthony Tafoya
04/30/1999 99-19 Taxpayer was a corporate officer responsible for hiring personnel and signing withholding tax returns. The Taxpayer knew that the corporation was liable for withholding tax and that the returns had to be filed. The corporation did not file returns or...
Pioneer Savings Bank & Subsidiaries
04/06/1999 99-18 Taxpayer filed a claim for refund by filing an income tax return showing a balance due to the taxpayer. The Department took no action on the Taxpayer's refund claim. More than a year later, the taxpayer inquired as to the status of its refund...
TPL, Inc.
04/05/1999 99-17 The Taxpayer, a New Mexico corporation, entered into five research and development contracts with the federal government. The taxpayer protested the Department's assessment of gross receipts tax on its receipts from the contracts, The...
Kenneth G. Abbott d/b/a Abbott Designs
03/18/1999 99-16 Taxpayer moved to NM to fulfill a service contract with a private company. After reviewing his wife’s CRS-1 Filer’s Kit the Taxpayer did not believe that his receipts from performing services in NM were subject to the gross receipts tax....
Sunbelt Tastee Freeze, Inc.
03/05/1999 99-15 The corporate officers of the Taxpayer had signed personal guarantees as security for an installment agreement between the Taxpayer and the Department in lieu of the Department filing a lien to secure its interest. The Taxpayer defaulted on the...
Bret A. Bishop
02/26/1999 99-14 Taxpayer performed fishing guide services for a fly-fishing outfitter who resold Taxpayer's services to its customers. Taxpayer failed to report and pay gross receipts taxes on his receipt based upon his belief that the payment of taxes by the...
Timothy & Diane Tuttle
02/12/1998 99-13 Taxpayer filed a 1994 personal income tax return as a first-year resident having income earned in New Mexico and another state. Taxpayer did not understand New Mexico’s method of allocating income between New Mexico and the other state and...
Storm Construction and Don & Sara Hetter
02/09/1999 99-12 Taxpayers performed road construction services for governmental entities who told Taxpayers that they were exempt from gross receipts tax. No part of the Taxpayers' receipts were exempt or deductible from tax because there is no exemption or...
Richard L. Trulious
02/04/1999 99-08 Taxpayer is an authorized Sears retailer who operates a Sears Retail sales facility on behalf of Sears. All merchandise it sells is owned by Sears and Sears pays gross receipts tax on 100% of the sales price of merchandise sold by the Taxpayer. The...