09/15/1998 98-49 TP protested the manner in which the Department calculated interest on an assessment of corporation income tax. TP's original income tax returns showed overpayments of tax for the three tax years for which deficiencies were later assessed. TP's...
Tax Decisions & Orders
Jeffery A. Williams
09/04/1998 98-48 Taxpayer was notified of a limited scope audit (C-SPAN) based on a discrepancy between the business income reported on his federal income tax return and the receipts reported to New Mexico. Taxpayer was notified that he had a 60-day period to provide...
Michael & Michele Beglau
09/03/1998 98-47 Taxpayer was denied a portion of a claim for refund attributable to a child day care credit. The Department determined that the Taxpayer was not gainfully employed or disabled during the months for which the credit was claimed as required in Section...
Berryman Ranch
09/01/1998 98-45 Taxpayer granted to three hunters a non-exclusive right to go onto its ranch to hunt during the hunting periods designated by the state. Taxpayer did not pay gross receipts tax on the receipts from selling hunting access to its land. Taxpayer...
Dain Rauscher, Inc. (Formerly Known as Rauscher Pierce Refsnes, Inc.)
08/31/1998 98-46 Taxpayer protested the Department's determination that the Department's discretion to grant extensions of time to file a protest under Section 7-1-24(B) is limited to protests of assessments of tax or of other peremptory notices and demands....
Javier Padial
08/17/1998 98-44 Taxpayer was assessed interest on gross receipts tax assessed after a Schedule C tapematch. Taxpayer argued that his failure to pay the gross receipts tax was unintentional, therefore interest should be abated. The Department does not have the...
Joseph R. Ruiz
08/14/1998 98-43 Taxpayer protested a denial of his claim for refund of interest paid on a 1990 PIT liability. Taxpayer claimed the Department misapplied a payment he made for his 1990 PIT liability to his 1991 PIT liability. Taxpayer also argued that he would have...
James C. Ellis
08/06/1998 98-42 Taxpayer had timely mailed CRS return and payment, but the Department never received them. Taxpayer protested imposition of interest based upon his history of timely payment, the fact that he discovered the fact that his check had never cleared...
Wheeler & Sons Trucking
07/31/1998 98-41 TP was assessed gross receipts tax upon its receipts from hauling hot mix asphalt and other materials for Western Mobile, Inc. TP protested the assessment arguing that it was an employee of Western Mobile and therefore its receipts were wages,...
Fluorescent Technology International, Inc.
07/21/1998 98-40 Taxpayer was assessed penalty and interest for failure to file and pay New Mexico CRS taxes. Taxpayer claimed that it should not be held liable for the negligence penalty since it was a specific corporate officer in charge of the financial affairs who...