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Tax Decisions & Orders

Aida Luz Gonzales

02/07/2007 07-02 The Taxpayer performed services for a nonprofit business as an independent contractor during the 2001, 2002 and 2003 tax years.  The Taxpayer did not charge or pay gross receipts tax on her receipts from the nonprofit.  In 2004 the Department received...

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Leonora Lorenzo

02/05/2007 07-01 The Taxpayer was a New Mexico resident in 1998, but did not file federal or state income tax returns for that year.  In 2004, the IRS assessed the Taxpayer for the federal tax due on her 1998 income.  In 2006, based on information received from the...

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Manuel Vigil

12/18/2006 06-21 The Taxpayer is a resident of New Mexico who invested in two mutual funds.  The Taxpayer received a Form 1099 listing the dividend and capital gain distributions made from the funds during the previous tax year.  Pursuant to the Taxpayer’s agreement...

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Penny Mitchell

12/04/2006 06-20 The Taxpayer and her husband filed joint 2001 federal and state income tax returns.  In 2003, the IRS assessed them for additional federal income tax.  Neither the Taxpayer nor her husband called the Department or consulted a tax professional to...

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Karen Houser

11/20/2006 06-19 The Taxpayer performed caregiving services as an independent contractor and reported her business income on her federal income tax return.  The Taxpayer failed to report or pay New Mexico gross receipts tax on this income.  The Department subsequently...

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Carole Ann Kirby

10/31/2006 06-18 The Taxpayer is a registered nurse who performed medical services for a New Mexico clinic as an independent contractor.  The Taxpayer reported and paid gross receipts taxes on her receipts under the contract.  Subsequently, the clinic’s business...

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Ed & Rebecca McNair

10/19/2006 06-17 The Taxpayers became residents of New Jersey in 1967, where they remained for over 30 years.  In 1999, the Taxpayers sold their New Jersey home and moved to New Mexico.  The Taxpayers did not retain ownership in any property or business interests in...

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Linda Lombardo

09/14/2006 06-15 The Taxpayer changed her residence from New Mexico to Arizona in October 2003 and filed 2003 personal income tax returns in both states as a part-year resident.  On her New Mexico return, the Taxpayer claimed a $4,335 credit for taxes paid to Arizona...

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Redrock Foods, Ltd.

09/14/2006 06-16 The Taxpayer is a California limited partnership that owns several fast-food restaurants in New Mexico.  Beginning in 1995, the partner in the Taxpayer’s Colorado office was responsible for payment of New Mexico gross receipts taxes.  In early 2003,...

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Abdul Al-Kasir

09/06/2006 06-14 The Taxpayer owned two businesses in Albuquerque, New Mexico, which were operated primarily as gas stations and convenience stores.  The Department audited the businesses, but the Taxpayer failed to provide any invoices, cash register tapes, ledgers,...

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