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  3. Tierra Resources Intern Inc.

Tierra Resources Intern Inc.



For 2012, the Taxpayer was above the threshold amount set by Section 9-11-6.4 NMSA 1978, and was thereby required to file its withholding tax electronically.  The Taxpayer paid its withholding tax on time and filed a paper withholding tax return.  After receiving communication from the Department, the Taxpayer re-filed electronically.  On February 14, 2013, the Department assessed the Taxpayer penalty for late filing of the return.  The Taxpayer filed a protest to the assessment.  The Taxpayer argued that it relied upon the advice of its accountant, who indicated that the return and payment could be sent in by mail.  The hearing officer found that the Taxpayer was not late in filing its return, and was not negligent as it relied on advice from its accountant.  The Taxpayer’s protest was granted.