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Tax Decisions & Orders

Sunbelt Tastee Freeze, Inc.

03/05/1999 99-15 The corporate officers of the Taxpayer had signed personal guarantees as security for an installment agreement between the Taxpayer and the Department in lieu of the Department filing a lien to secure its interest. The Taxpayer defaulted on the...

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Bret A. Bishop

02/26/1999 99-14 Taxpayer performed fishing guide services for a fly-fishing outfitter who resold Taxpayer's services to its customers.  Taxpayer failed to report and pay gross receipts taxes on his receipt based upon his belief that the payment of taxes by the...

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Timothy & Diane Tuttle

02/12/1998 99-13 Taxpayer filed a 1994 personal income tax return as a first-year resident having income earned in New Mexico and another state. Taxpayer did not understand New Mexico’s method of allocating income between New Mexico and the other state and therefore...

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Storm Construction and Don & Sara Hetter

02/09/1999 99-12 Taxpayers performed road construction services for governmental entities who told Taxpayers that they were exempt from gross receipts tax.  No part of the Taxpayers' receipts were exempt or deductible from tax because there is no exemption or...

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Richard L. Trulious

02/04/1999 99-08 Taxpayer is an authorized Sears retailer who operates a Sears Retail sales facility on behalf of Sears. All merchandise it sells is owned by Sears and Sears pays gross receipts tax on 100% of the sales price of merchandise sold by the Taxpayer. The...

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David J. & Nancy L. DeBusk

02/04/1999 99-11 Taxpayer is an authorized Sears retailer who operates a Sears Retail sales facility on behalf of Sears. All merchandise it sells is owned by Sears and Sears pays gross receipts tax on 100% of the sales price of merchandise sold by the Taxpayer. The...

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Roger A. Landavazo

02/04/1999 99-07 Taxpayer is an authorized Sears retailer who operates a Sears Retail sales facility on behalf of Sears. All merchandise it sells is owned by Sears and Sears pays gross receipts tax on 100% of the sales price of merchandise sold by the Taxpayer. The...

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Marc K. Shaefer

02/04/1999 99-10 Taxpayer is an authorized Sears retailer who operates a Sears Retail sales facility on behalf of Sears. All merchandise it sells is owned by Sears and Sears pays gross receipts tax on 100% of the sales price of merchandise sold by the Taxpayer. The...

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April Muniz

02/04/1999 99-09 Taxpayer is an authorized Sears retailer who operates a Sears Retail sales facility on behalf of Sears. All merchandise it sells is owned by Sears and Sears pays gross receipts tax on 100% of the sales price of merchandise sold by the Taxpayer. The...

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West Texas Express

02/02/1999 99-06 The taxpayer was audited for Highway Use Taxes under Section 7-15A-1 et seq. and Section 7-16A-1 et seq. As a result of the audit the taxpayer was assessed based on the calculation of a 37.3% error rate. The taxpayer successfully challenged the method...

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