10/07/1997 97-36 TP claimed their services were being resold and were 100% deductible. Sufficient documentation to claim a deduction could not be produced for most of the transactions. When a Type 5 NTTC was produced the requirements under 7-9-48 were not met. Protest...
1997
Jerry Anaya, Sr.
09/26/1997 97-35 TP argued that interest should not be assessed on the amount of tax due because of the length of time it took the department to assess the tax. Protest denied. Back to Tax Decisions & Orders
Kerry and Kathy Shahan
09/16/1997 97-34 TP argues that imposing the compensating tax on the purchase of a mobile home purchased out-of state is a violation of their constitutional right to establish a home. Protest denied. Back to Tax Decisions & Orders
Don Bass
08/28/1997 97-33 TP argues that his wages are not subject to federal income tax or NM income tax. TP is not entitled to a refund of the taxes withheld from this wages. Protest denied. Back to Tax Decisions & Orders
TASC, Inc.
08/22/1997 97-31 TP failed to prove that the services being performed were not R&D services and that the product was not initially used in NM. The receipts are subject to the GRT. The TP is also liable for CIT. Protest denied. Back to Tax Decisions & Orders
Tortilla, Inc.
08/12/1997 97-30 TP claimed that the department should pay interest on a claim of investment credit – from the time the application was made to when it was approved. Protest denied. Back to Tax Decisions & Orders
Southwestern Public Service Co.
08/04/1997 97-29 TP claimed that they were not negligent for filing a late payment (special payment method) and penalty should not be imposed. TP also protested the assessment of interest when the payment was only one day late. Protest denied Back to Tax Decisions...
Newman Outdoor Advertising
07/27/1997 97-28 TP denied certain deductions upon audit for accepting incorrect NTTC’s and in some cases no NTTC’s. TP claimed that they were not negligent for the following reasons: 1)they were not aware of the law’ 2) prior business practice; 3) false information...
Anthony Cordova
07/16/1997 97-27 TP claims his wages were improperly subject to NM income tax. Protest denied. Back to Tax Decisions & Orders
Val Tech & Associates
07/16/1997 97-26 TP claimed that his services were performed on “Indian county” and therefore exempt from the gross receipts tax. The property is not “Indian country” as defined in 18 U.S.C. §1151. Protest denied. Back to Tax Decisions & Orders