Decisions & Orders
Decision & Orders (D&O) are written statements to implement a decision after an administrative hearing with the Administrative Hearings Office (AHO).
D&O are the result of a timely filed protest (Section 7-1-24 NMSA 1978) that cannot be resolved informally between the taxpayer and the New Mexico Taxation and Revenue Department (Tax & Rev) that is sent to hearing with the AHO. Within 30 days after the hearing, the AHO hearing officer issues a D&O in writing to Tax & Rev and the taxpayer that includes:
(1) an order granting or denying the relief requested or granting or denying a part of the relief requested, as appropriate.
(2) findings of fact and law and a thorough discussion of the reasoning used to support the order with citations to the record and applicable law.
(3) information on the right to appeal the D&O to the court of appeals within 30 days after the date of the decision and of the consequences of a failure to appeal. Appeals are decided based on the evidence and arguments presented at the administrative hearing (Section 7-1-25 NMSA 1978).
Starting July 1, 2015, the AHO was no longer administratively tied to Tax & Rev (Section 7-1B-1 through 7-1B-10 NMSA 1978).
Disclaimer: A Decision & Order pertains to a specific set of facts and law for a specific taxpayer. A Decision & Order does not establish legal precedent or policy followed or applied by Tax & Rev.
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Darlene H Krueger
23-08 On January 8, 2019, the Department denied the Taxpayer’s request for refund from a warrant of levy that was served on the Taxpayer’s bank account for unpaid assessments of gross receipts tax for periods from 2007 through 2010. On April 3, 2019, the Taxpayer...
ISD Renal Inc and Total Renal Care Inc
23-07 The two Taxpayers agreed to consolidate their protests because both protests concerned the same issue. The Taxpayers were issued full refund denials by the Department to their requests for refunds of gross receipts tax for periods in 2014 to 2016, and each filed...
Roswell Hospital Corporation
23-06 On February 3, 2017, the Department sent a letter to the Taxpayer denying its request for a refund of gross receipts tax for periods in 2014. On February 21, 2017, the Taxpayer filed a formal protest of the refund denial. The Taxpayer is a hospital that claimed...
Roswell Clinic Corporation
23-05 On April 24, 2017, the Taxpayer filed a formal protest of the Department’s failure to grant or deny its request for a refund of gross receipts tax for periods in 2012 to 2015. On May 12, 2017, the Department acknowledged the Taxpayer’s protest. The Taxpayer is a...
Lea Regional Hospital
23-04 On February 3, 2017, and then again on February 14, 2017, the Department sent letters to the Taxpayer denying its request for a refund of gross receipts tax for periods in 2014 and 2015. On February 21, 2017, and later on March 1, 2017, the Taxpayer filed formal...
Mimbres Memorial Hospital Nursing Home
23-03 On February 3, 2017, and then again on February 14, 2017, the Department sent letters to the Taxpayer denying their request for a refund of gross receipts tax for periods in 2014 and 2015. On February 21, 2017, and later on March 1, 2017, the Taxpayer filed...
Carlsbad Medical Center LLC
23-02 On February 3, 2017, and then again on July 27, 2017, the Department sent letters to the Taxpayer denying its request for a refund of gross receipts tax for periods in 2014 and 2015. On February 21, 2017, and later on October 4, 2017, the Taxpayer filed formal...
Alta Vista Regional Hospital
23-01 On February 3, 2017, and then again on February 14, 2017, the Department sent letters to the Taxpayer denying its request for a refund of gross receipts tax for periods in 2014 and 2015. On February 21, 2017, the Taxpayer filed a formal protest of the denials....
Harry Barnes
22-25 On September 16, 2020, the Department issued an assessment to the Taxpayer for gross receipts tax for years 2015 to 2017. On December 15, 2020, the Taxpayer filed a protest of the assessment. Later, the Taxpayer filed supplemental protest, claiming that the...
Core-Mark Midcontinent Inc
22-23 On October 18, 2021, the Department assessed the Taxpayer for cigarette tax, penalty, and interest for the August 2021 filing period. On November 17, 2021, the Taxpayer filed a formal protest of the assessment. In the August filing period the Taxpayer made a...
Joseph E Casanova
22-24 On March 17, 2021, the Department assessed the Taxpayer for personal income tax for the 2018 tax year. On April 23, 2021, the Taxpayer filed a formal protest of the assessment. The Taxpayer argued that he was no longer a resident in 2018, having decided to move...
Dennis Champlin
22-22 On June 30, 2021, the Department assessed the Taxpayer for gross receipts tax for periods in 2018. On July 6, 2021, the Taxpayer submitted a formal protest of the assessment. The Taxpayer is a painter who occasionally consigned artworks to be sold by an art...
William J Watson
22-21 On April 27, 2021, the Department issued a letter to the Taxpayer partially denying a request for refund of gross receipts taxes for periods from 2016 through 2020. On July 23, 2021, the Taxpayer submitted a formal protest of the partial denial. The Taxpayer...
Talbridge Corporation
22-20 On December 31, 2019, the Department assessed the Taxpayer for gross receipts tax, penalty and interest for periods from 2012 through 2019. On February 26, 2020, the Taxpayer filed a formal protest of the assessment. The Taxpayer performed payroll activities and...
Guy & June Hence
22-19 On May 20, 2021, the Department assessed the Taxpayers for personal income tax for the 2014 and 2015 tax year because of a managed audit. The managed audit took place due to amended returns filed with the IRS where the Taxpayers failed to file amended returns...
Neal J and Catherine A Van Berg
22-18 On May 5, 2021, the Department assessed the Taxpayers for personal income tax, penalty and interest. On July 14, 2021, the Taxpayers filed a formal protest of the assessment. The extended payment deadline for the 2019 tax year for personal income tax was April...
Joseph and Jennifer Cervantes
22-17 On May 5, 2021, the Department assessed the Taxpayers for personal income tax penalty and interest. On July 28, 2021, the Taxpayers filed a formal protest of the assessment. The Taxpayers filed their 2019 personal income tax return timely but failed to make...
On-Site Case Management
22-16 On August 5, 2020, the Department issued an assessment to the Taxpayer for the tax periods from January 1, 2013 through December 31, 2017. The assessment included gross receipts tax, penalty, and interest. The Taxpayer argued that some of the services provided...
Salaiz Trucking
22-15 On June 14, 2018, the Department issued a Notice of Assessment of Taxes and Demand for Payment to the Taxpayer for weight distance tax reporting periods beginning January 1, 2011 and ending September 30, 2017. The assessment included tax, civil penalty,...
Sarah Maestas Barnes
22-14 On April 20, 2021, the Department issued a Notice of Assessment and Demand for Payment of gross receipts tax, penalty, and interest. The assessment was based on 1099-MISC forms that were issued to the Taxpayer. The Taxpayer argued that the 1099-MISC forms are...