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Tax Decisions & Orders

Sybase, Inc.

01/29/1998 98-06 TP was assessed gross receipts tax, penalty and interest on the receipts from a software licensing agreement for which the TP accepted a Type 9 NTTC. TP claimed that they were not negligent and should not be assessed penalty. Protest denied. Back to...

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Shawn and Denise Tilman

01/26/1998 98-05 TP claimed that they were not engaged in business and that their receipts are deductible under Section 7-9-66. TP also claimed penalty should not be assessed because there was no intention to defraud the state. Protest denied. Back to Tax Decisions...

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Timothy and Sandra Read

01/20/1998 98-02 TP performed “handyman” services on a house owned by himself and his wife. TP filed a Schedule C and reported the income from providing handyman services for himself. The department received the Schedule C information through a tape match and assessed...

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Pecos Valley Dairy Supply, Inc.

01/20/1998 98-03 An assessment was sent to the TP’s address of record. TP did not receive the notice because the department was not notified of a change of address. The assessment was not protested in a timely manner. Protest denied at untimely. Back to Tax Decisions...

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B.R. Gordon Construction Co., Inc.

01/14/1998 98-01 TP was assessed penalty and interest for a CRS-1 report that was filed late using an ACH transfer. TP claims that the report was late because the person responsible for sending the report was ill on the day the report. TP also claims the department...

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Broken Arrow Indian Arts, Inc.

12/31/1997 97-46 TP claimed that the department should not have assessed penalty on receipts from sales to out-of-state buyers. TP claimed to be non-negligent because they relied on regulation 3 NMAC 2.55.12.2 and Ruling 450-89-10. Protest denied. Back to Tax...

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Associated Court Reporters, Inc.

12/10/1997 97-45 TP (two corporate officers) claimed that they were not liable for the amounts deducted and withheld by their corporation that were not paid to the department. Protest denied for one corporate officer and granted and denied in part for the other...

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Dairy Construction, Inc.

12/04/1997 97-44 TP claimed a 50% deduction under Section 7-9-62 for the sale of agricultural implements. The deduction was denied but penalty was abated based on the department’s previous approval of a refund on the same facts. Protest granted in part and denied in...

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Tafoya’s Store

11/26/1997 97-43  TP was assessed GRT which resulted from a C-SPAN tape match. TP was unable to provide any information that would explain the discrepancy between state and federal reporting because her deceased husband handled all of the paperwork pertaining to the...

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Dawson Surveys, Inc.

11/12/1997 97-42 TP was issued a Type 7 NTTC for the performance of construction staking services and claimed the deduction under Section 7-9-52. Upon audit the deductions were disallowed. Protest granted. Back to Tax Decisions & Orders

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