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Tax Decisions & Orders

J. Nold Midyette

07/27/2007 07-13 The Taxpayer and his wife formed a New Mexico limited liability company (LLC) to sublease restaurant space in Santa Fe, New Mexico.  The Taxpayer intended to further sublease the space to a third party, but could not obtain the landlord’s consent....

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Merchants Automotive Group, Inc.

07/11/2007 07-12 The Taxpayer is an out of state corporation specializing in commercial vehicle leases.   In 2000, the NM General Services Department (GSD) requested bids for the leasing of vehicles to the state.  The bid specifically stated that other state agencies...

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Salomon L. Rael

06/12/2007 07-11 In 2004, the IRS notified the Taxpayer that an examination of his 2000 and 2001 federal income tax returns revealed a substantial underreporting of compensation.  The reports that notified the Taxpayer, referred to as “RARs” were not signed, but did...

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James H. Avant

06/11/2007 07-10 The Department assessed the Taxpayer for 1999 New Mexico personal income tax, plus penalty and interest.  The Taxpayer protested, challenging the validity of state and federal income tax laws.   The Taxpayer did not deny that he earned the income in...

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Humberto & Petra Morales,

06/07/2007 07-09 The Taxpayers were assessed as successors in business to a supermarket previously operated in the same location.  The Department subsequently issued a Notice of Claim of Tax Lien which  referenced the earlier assessment.  The Taxpayers filed a protest...

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Daniel Villa

05/16/2007 07-08 The Taxpayer made an error on his 2002 state and federal income tax returns.  He subsequently amended his federal return to correct the error, but did not amend his New Mexico return.  In 2006, the Department assessed the Taxpayer for additional tax,...

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LMR Computing Technologies

04/30/2007 07-07 The Taxpayer established a sole proprietorship in July 2002.  In January 2003, the Taxpayer filed his first CRS return to report gross receipts taxes due for the 6-month period ending December 31, 2002.  After seeing the amount of paperwork involved,...

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Margaret Palumbo

04/12/2007 07-04 The Taxpayer filed timely 2002 federal and New Mexico personal income tax returns.  Her federal return was subsequently adjusted by the IRS, resulting in additional tax liability.  The Taxpayer failed to file an amended New Mexico income tax return...

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Clarence F. Garrett

03/26/2007 07-03 The Taxpayer moved to New Mexico in July 2004.  On his 2004 New Mexico personal income tax return, the Taxpayer claimed a credit for taxes paid to Pennsylvania on capital gain from real estate sold prior to July 2004; none of this income was allocated...

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