08/06/1998 98-42 Taxpayer had timely mailed CRS return and payment, but the Department never received them. Taxpayer protested imposition of interest based upon his history of timely payment, the fact that he discovered the fact that his check had never cleared his...
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Wheeler & Sons Trucking
07/31/1998 98-41 TP was assessed gross receipts tax upon its receipts from hauling hot mix asphalt and other materials for Western Mobile, Inc. TP protested the assessment arguing that it was an employee of Western Mobile and therefore its receipts were wages, exempt...
Fluorescent Technology International, Inc.
07/21/1998 98-40 Taxpayer was assessed penalty and interest for failure to file and pay New Mexico CRS taxes. Taxpayer claimed that it should not be held liable for the negligence penalty since it was a specific corporate officer in charge of the financial affairs who...
Eileen P. Cahoon
07/17/1998 98-38 Taxpayer was notified of a limited scope audit (C-SPAN) based on a discrepancy between the business income reported on her 1994 federal income tax return and the receipts reported to New Mexico. Taxpayer was notified that she had a 60-day period to...
Ken Miller Real Estate
07/15/1998 98-37 Taxpayer was audited by the Department and given a 60-day notice pursuant to Section 7-9-43 that all NTTCs and other evidence to support the taxpayers deductions must be provided to the auditor by January 2, 1998. On December 31, 1998 the Department...
Mark Sisson
07/15/1998 98-39 Taxpayer protested the imposition of penalty and interest on the grounds that he is unable to pay. Inability to pay is not a basis for compromising or abating an assessment. Grounds existed for both imposition of penalty and interest. Protest...
Rauscher, Pierce, Refnes, Inc.
07/06/1998 98-36 Taxpayer is a securities broker-dealer. Taxpayer protested assessment of gross receipts tax, claiming its receipts from dealer concessions for its role in handling purchases of mutual fund shares for its customers are exempt as receipts from the sale...
John F. Gilliam Jr. & Martha L. Gilliam
06/18/1998 98-35 The Department had seized the assets of the taxpayer's bank account pursuant to two Warrants of Levy served upon the Taxpayer's bank on the same day. The Department's letter informing the Taxpayer of the Department's action only referred to one of the...
Jim D. Dodson
06/15/1998 98-34 TP, first-year resident incorrectly allocated income on his New Mexico personal income tax return and was assessed for the additional tax, penalty and interest. TP argued that 1) the instructions for completing the return were confusing; 2) a...
Luis Tamayo & Amanda Llerena
06/02/1998 98-33 TP was assessed interest for the failure to pay the gross receipts tax on income earned as independent contractors. TP requested that the interest be abated because his failure to pay the tax was unintentional and it would create a hardship for his...