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Tax Decisions & Orders

Nicholas J. Drobot

08/17/2004 04-11 The taxpayer filed a written protest to the Department’s assessment of 1999 personal income tax, claiming that he was not a New Mexico resident during 1999.  The parties engaged in discovery and the hearing officer consulted with both parties to...

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Maggie M. Martinez

08/12/2004 04-10 The taxpayer’s tax preparer filed first-year 1999 New Mexico personal income tax returns for herself and the taxpayer, using the same erroneous method to compute the tax due on both returns.  Upon audit by the Department, the tax examiner reviewing...

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Victor and Bertha Chacon

07/30/2004 04-08 ?In July 2002, the Internal Revenue Service notified the taxpayers that they had underreported the capital gain income on their 2000 return.  The taxpayers did not file an amended 2000 New Mexico personal income tax return and waited for the...

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Mark S. Welsh

06/30/2004 04-07 The taxpayer underreported his income on his 1999 New Mexico personal income tax return.  Due to computer problems, the Department did not run a tape match with IRS records for the 1999 tax year until February 2003. In August 2003, based on the tape...

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John B. Rodriguez

05/11/2004 04-06 The taxpayer erroneously filed his 1999 federal and state personal income tax returns based on the filing status “head of household” rather than “single.”  The IRS notified him of the error, but the taxpayer failed to amend his New Mexico return...

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Barry D. Schoeneman

04/28/2004 04-05 ?The taxpayer sold his 2002 Ford Explorer to a private party for cash.  He then applied that cash to the purchase of a new Toyota Sequoia. After paying motor vehicle excise tax on the full purchase price of the Toyota, the taxpayer applied for a...

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Terry R. & Linda A. Wolff

03/25/2004 04-04 The taxpayer reported business income on Schedule C (Profit or Loss from Business) of his 1999 federal income tax return but did not report New Mexico gross receipts tax on this income.  In response to the Department’s audit notice, the taxpayer...

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Dart Industries, Inc.

02/26/2004 04-03 Dart Industries, Inc., manufacturer and marketer of Tupperware products, entered into a franchise distribution agreement with Susan Carnell, who is located in Albuquerque. An audit performed by the Multistate Tax Commission on behalf of the Department...

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Team Specialty Products

02/16/2004 04-02 Sometime after purchasing Team Specialty Products, Inc., the new owners discovered that their bookkeeping staff had failed to file an application for the technology jobs tax credit for the period January through December, 2001. The company’s new CPA...

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