Decisions & Orders
Decision & Orders (D&O) are written statements to implement a decision after an administrative hearing with the Administrative Hearings Office (AHO).
D&O are the result of a timely filed protest (Section 7-1-24 NMSA 1978) that cannot be resolved informally between the taxpayer and the New Mexico Taxation and Revenue Department (Tax & Rev) that is sent to hearing with the AHO. Within 30 days after the hearing, the AHO hearing officer issues a D&O in writing to Tax & Rev and the taxpayer that includes:
(1) an order granting or denying the relief requested or granting or denying a part of the relief requested, as appropriate.
(2) findings of fact and law and a thorough discussion of the reasoning used to support the order with citations to the record and applicable law.
(3) information on the right to appeal the D&O to the court of appeals within 30 days after the date of the decision and of the consequences of a failure to appeal. Appeals are decided based on the evidence and arguments presented at the administrative hearing (Section 7-1-25 NMSA 1978).
Starting July 1, 2015, the AHO was no longer administratively tied to Tax & Rev (Section 7-1B-1 through 7-1B-10 NMSA 1978).
Disclaimer: A Decision & Order pertains to a specific set of facts and law for a specific taxpayer. A Decision & Order does not establish legal precedent or policy followed or applied by Tax & Rev.
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Marc A. Gelinas
01/09/2018 18-02 On March 17, 2017, the Department assessed the Taxpayer for gross receipts tax, penalty and interest for the reporting periods starting January 1, 2010 and ending December 31, 2010. The Taxpayer filed a formal protest with the Department on June 5,...
Golden Services Home Health And Hospice
12/20/2017 17-50 On August 12, 2016, the Department assessed the Taxpayer for gross receipts tax, penalty and interest for the tax periods from January 31, 2009 through December 31, 2014. On November 9, 2016, the Taxpayer filed a protest letter with the Department....
Spelman Investments
12/15/2017 17-49 The Taxpayer filed an application for refund on February 15, 2017 for late penalty that was paid for Combined Reporting System (CRS) reporting periods starting May 2014 ending July 2016. The Department denied the refund request on April 11, 2017. The...
the Taxpayer
12/11/2017 17-48 On January 27, 2016, the Department sent a denial letter to the Taxpayer for a claim for refund. As the Taxpayer is deceased, the denial letter was mailed to the address of the Taxpayer’s Estate’s Personal Representative and successor in interest who...
Agman Louisiana Inc.
12/05/2017 17-47 On August 1, 2016, the Department assessed the Taxpayer for corporate income tax, penalty, and interest for the reporting period ending September 30, 2013. On September 22, 2016, the Taxpayer filed a timely protest with the Department. The Taxpayer is...
Roswell Hospital Corporation
10/24/2017 17-45 On July 26, 2016, the Taxpayer’s agent submitted an application for refund of gross receipts tax for the period January 1, 2015 through December 31, 2015. On September 19, 2016, a refund denial letter was sent to the Taxpayer. On December 14, 2016,...
Pete’s Top Quality Landscape, LLC
10/12/2017 17-44 On June 8, 2010, the Department assessed the Taxpayer for weight distance tax, penalty, and interest for the period of December 31, 2013 to June 30, 2009. The assessment included a separately stated penalty for underreporting. The Department received...
Clean Rite Janitorial Services LLC
10/11/2017 17-43 On March 31, 2017, the Department issued an assessment for gross receipts tax, penalty, and interest for the tax periods from January 31, 2011 through June 30, 2016. On May 18, 2017 the Taxpayer filed a formal protest only on the penalty assessed. The...
Jack and Karen Dill
10/05/2017 17-42 On April 18, 2017, the Department issued a return adjustment notice for personal income tax. On April 28, 2017, the Taxpayer filed a formal protest with the Department. For the tax year at issue, the Taxpayer performed remote work for a company based...
Highland Construction LLC
09/28/2017 17-41 On December 9, 2016, the Department assessed the Taxpayer for gross receipts tax, penalty, and interest for the tax period starting January 1, 2013 through December 31, 2014. On February 8, 2017, Taxpayer filed a formal protest letter with the...
Michael Lunnon
09/20/2017 17-40 On March 6, 2017, the Department mailed an assessment for personal income tax, penalty and interest for periods starting January 1, 2011 through December 31, 2012. The Department received a formal protest on May 26, 2017. Prior to the assessment being...
Conagra Foods Food Ingredients Co. Inc.
09/15/2017 17-39 On February 25, 2013 the Department issued an assessment for corporate income tax, penalty, and interest for the reporting periods from May 31, 2008 through May 31, 2011. On March 14, 2013, the Taxpayer submitted a timely protest to the Department. As...
Permian Machinery Movers Inc.
09/13/2017 17-37 On December 17, 2015, the Department assessed the Taxpayer for corporate income tax, gross receipts tax, penalty, and interest. On March 16, 2016, the Taxpayer filed a timely formal protest with the Department. The Taxpayer rents, sells, buys, trades,...
State Construction
09/13/2017 17-38 On January 5, 2017, the Department assessed the Taxpayer for gross receipts tax, penalty and interest for the reporting periods starting January 1, 2010 through December 31, 2014. On February 3, 2017, the Taxpayer filed a timely formal protest letter...
Eastern Sunbelt Real Estate
08/31/2017 17_36 On February 23, 2016, the Department assessed the Taxpayer for gross receipts tax for the periods starting January 1, 2011 and ending December 31, 2012. On April 21, 2016 the Taxpayer filed a timely formal protest with the Department. The Taxpayer was...
All Medical Personnel Inc.
08/08/2017 17-35 On May 5, 2016, the Department issued an assessment for gross receipts tax, penalty, and interest for the periods starting March 31, 2009 and ending September 30, 2015. The Taxpayer filed a timely protest of the assessment on July 27, 2016. The...
Michael Trujillo
07/31/2017 17-33 On April 30, 2015, the Department assessed the Taxpayer for personal income tax, penalty, and interest for the tax years 2007 through 2013. On July 29, 2015, the Taxpayer filed a timely protest with the Department. On October 9, 2015, the scheduled...
Peabody Coalsales Company
07/31/2017 17-34 On February 27, 2016, the Department denied the Taxpayer’s claim for refund for periods 2011 through 2012. The Taxpayer filed a timely a timely protest on April 21, 2016. The issue to be decided is if the Taxpayer is entitled to deduct sales of coal...
Martin D. Moore Eunice Sports Broadcasting
06/30/2017 17-32 On February 17, 2016, the Department assessed the Taxpayer for gross receipts tax, penalty, and interest. The initial assessment was never protested. On March 2, 2017, the Department issued a warrant of levy for the unpaid amount due. On March 14,...
David B. Graham
06/29/2017 17-31 On December 13, 2016, the Department assessed the Taxpayer for personal income tax, interest, and penalty for the periods January 1, 2009 through December 31, 2015. On March 3, 2017, the Taxpayer filed a formal protest with the Department. In 2011,...