BAE Systems IESI, Inc. (Successor to Lockheed Martin Corporation Sanders)

07-06

In March 2005, the Taxpayer filed a claim for refund of gross receipts taxes, which was denied by the Department because it was not filed within the three-year statute of limitations set out in Section 7-1-26 NMSA 1978.  The Taxpayer protested, arguing that equitable considerations should apply since the refund claim arose from events that occurred after the limitations period had run.  Held:  The Department is required to apply the tax laws as written by the state legislature and does not have authority to override those laws based on equitable considerations.  Protest denied.