1998

M. Kory & Lucia Rowberry

12/30/1998 98-59 Taxpayer provided dental services to patients from the dental office of another dentist. Taxpayer claimed that there was a TS-22 agreement between him and the other dentist, but could not provide evidence of agreement’s existence or payment of tax....

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Production Credit Association of Eastern New Mexico

12/17/1998 98-58 The Taxpayer, a production credit association created under federal law,  protested the Department's denial of its claims for refund of corporate income tax for tax years 1992-1996.  The Taxpayer claimed it was exempt from state income taxes because...

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Bill and Sherri McConnel

12/09/1998 98-57 Taxpayers (husband and wife) were assessed gross receipts tax on business income reported on their 1994 federal income tax return. Taxpayers argued they were employees entitled to the deduction from gross receipts provided in Section 7-9-17. The...

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Joe Anaya, d/b/a Anaya’s Carpet Service

12/04/1998 98-56 Taxpayer filed a $833.68 claim for refund in April 1998 for the period of Jan. - June 1994. This claim was filed after the three-year limitations period set out in Section 7-1-26(C). The taxpayer acknowledged that the claim was not made timely,...

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Professional Land Surveying

10/22/1998 98-55 The Taxpayer primarily engages in surveying for road construction contractors. The Taxpayer failed to keep up with the changes to Section 7-9-43, which was amended in 1992 to require that sellers claiming deductions which require nontaxable...

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Actionside Lath & Plaster

10/15/1998 98-54 The Taxpayer protested the Department's denial of a deduction claimed for receipts from a customer which had given the Taxpayer a nontaxable transaction certificate but the Taxpayer could not produce a copy of the certificate. The Taxpayer also...

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Harrington Industrial Plastics

10/01/1998 98-53 Taxpayer purchased a division of another New Mexico business without following the procedures outlined in the successor in business statutes, Sections 7-1-61 to 7-1-64 that require a purchaser to escrow a portion of the purchase proceeds for taxes and...

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Louis & Carolyn Bortot

09/28/1998 98-52 Taxpayers were shareholders of two small, closely held family corporations. The Taxpayers performed all of the management functions for the corporations. The corporations had no other employees. The corporations reported the compensation to the...

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Antoine Khoury

09/25/1998 98-51 Taxpayer was notified of discrepancies between his federal Schedule C and NM gross receipts tax filing during a limited scope audit. Taxpayer was notified that he had 60 days to provide any NTTC’s or other documentation that would  support any...

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Lauren Constructors, Inc.

09/23/1998 98-50 TP protested the assessment of interest on late gross receipts tax payments. TP claimed that the Department should be estopped from assessing interest since the TP received erroneous advice from a Department employee as to when the payment of tax was...

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