Dyanna Taylor

13-24

The Taxpayer suffered significant financial losses as a victim of the Madoff investment funds fraudulent scheme.  As a result, accountants advised the Taxpayer to do a loss carry-back for previous personal income tax years.  Due to the loss carry-back, the Taxpayer needed to amend her 2005 federal and state personal income tax returns.  The amendment to her state personal income tax return resulted in an increased income tax liability, which the Taxpayer paid at the time she filed the amended return.  The Department then assessed the Taxpayer in penalty and interest for the period ending December 31, 20005.  The Taxpayer filed a protest to the assessment, and explained how she had been a victim of the Madoff fraud.  The Department abated the assessed penalty.  The Taxpayer then submitted an amended protest, protesting the assessment of interest. Except for specific statutory exceptions not applicable to this protest, the Department lacks any authority under NMSA 1978, Section 7-1-67 to abate interest regardless of the reason for the tax not being paid when due.  The Taxpayer is liable for the interest assessed.  The Taxpayer’s protest was denied.