The Department assessed personal income tax, penalty, interest, and underpayment penalty for the tax year ending December 31, 2022. The taxpayer submitted payment of the tax and interest but protested the penalty imposition claiming non-negligence as the Taxpayer believed his accountant had already submitted the estimated payment. In December 2022, the Taxpayer’s accountant notified the Taxpayer that the personal estimated 1040ES had been paid. The Taxpayer believed this included New Mexico estimated tax. The evidence the Taxpayer presented, and testimony provided did not include information specific to New Mexico income taxes and were not sufficient to show non-negligence based on the requirements of Regulation 3.1.11.10 NMAC. The protest was denied.
