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Tax Decisions & Orders

Alamo True Value Home Center

04/29/2009 09-02 The Taxpayer operated a retail hardware store in New Mexico, and was also a construction contractor.  An audit of the Taxpayer by the Department revealed that the Taxpayer did not have all necessary Nontaxable Transaction Certificates (NTTCs), for...

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Cadworks Home Design & Draft

03/30/2009 09-01  This is a successor in business case.  Taxpayer was the secretary and a director of CLC, a corporation owned by his brother that provided computer-aided drafting services and designs for homes.  The corporation leased office space and maintained a...

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Cumberland Therapy Services

11/19/2008 08-04 The Taxpayer provides professional therapy services for schools, including five New Mexico school districts.  The Department conducted an audit of the Taxpayer for the period from July 1, 2001 through June 30, 2005.  The Department determined that the...

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Sarah Hunter

10/08/2008 08-03 The Taxpayer filed a timely New Mexico personal income tax return for the 2004 tax year.  Using the federal tape match the Department found that the income reported on the Taxpayer’s federal income tax  return was substantially higher than the amount...

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Joseph & Kathy Mailander

05/02/2008 08-02 During the period at issue, the Taxpayer and his wife had a home in Las Cruces and maintained New Mexico voter and vehicle registrations and New Mexico driver’s licenses.  The Taxpayer’s wife also ran a business out of their Las Cruces home.  In 1998,...

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Danny & Enid Grubb

02/06/2008 08-01  During 1999, Dan Grubb performed construction services for a subcontractor on a large construction project.  The Taxpayers reported Mr. Grubb’s income as business income on a Schedule C to their federal income tax return.  They reported additional...

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Greg & Kimberly Hayes

12/05/2007 07-21 The Taxpayer owned a corporation that acted as an independent sales representative for a manufacturer of home packages.  As a marketing tool, the Taxpayer constructed a home using the same materials included in the home package.  Because the Taxpayer...

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Justo & Jessie Cordova

11/09/2007 07-20 The IRS adjusted the Taxpayer’s 1999 personal income tax returns, resulting in an increased federal and state tax liability.  In 2003, the IRS notified the Department of the adjustment, and the Department assessed the Taxpayers for their underreported...

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Joan E. Oller

10/31/2007 07-19 The Taxpayer had $1,900 of unreimbursed medical expenses in the 2006 tax year.  On her 2006 New Mexico personal income tax, the Taxpayer erroneously claimed a refundable credit that is available only to taxpayers with unreimbursed medical expenses of...

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Diamond G Home Center

10/30/2007 07-18 The Taxpayer operates a retail business selling building materials, hardware, and homeware.  During the period at issue, the Taxpayer erroneously accepted Type 9 Nontaxable Transaction Certificates (NTTCs) from non-profit and government entities for...

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