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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Kelly A. Day
06/28/2017 17-30 On September 7, 2016, the Department issued a notice of assessment and demand for payment for the tax year 2009. On August 31, 2016, the Department issued a notice of assessment and demand for payment for the tax year 2010 and 2011. On September 22,...
Dustin R. and Clarissa Ptolemy
06/21/2017 17-29 On December 5, 2016, the Department issued an assessment for personal income tax, interest, and penalty for the periods starting January 1, 2011 through December 31, 2015. On February 15, 2017, the Taxpayers submitted a formal protest letter which was...
Hyundai Corporation USA
06/14/2017 17-28 On August 12, 2016, the Department issued a Notice of Assessment of Taxes and Demand for Payment of withholding tax penalty and interest for the period ending June 30, 2016. The formal protest was received by the Department on October 4, 2016. The...
The Local Vapory
06/12/2017 17-27 On September 22, 2016, the Department issued a Notice of Assessment of Taxes and a Demand for Payment letter to the Taxpayer. The Taxpayer denied ever receiving the notice and therefore never protested the assessment. On January 5, 2017, the...
A Team Productions
05/31/2017 17-26 On October 21, 2016, the Department denied the Taxpayers September 14, 2016 untimely submission of a written protest of an assessment. On November 10, 2016, the Taxpayer filed a formal protest for the Departments denial of protest. The original...
Louie Casias
05/30/2017 17-25 On June 24, 2013, the Department issued an assessment for gross receipts tax to the Taxpayer for the periods from March 2006 through September 2011. The Taxpayer filed a protest to the assessment that was later withdrawn. The Taxpayer worked with the...
Aventis Pharmaceuticals Inc. & Sanofi-Synthelabo, Inc
05/19/2017 17-23 On April 4, 2013, the Taxpayers were assessed for corporate income tax, penalty, and interest for the reporting periods starting December 31, 2007 through December 31, 2009. On May 3, 2013, the Taxpayers collectively filed a written protest. The...
Donald W. Krumrey
05/12/2017 17-22 On August 3, 2016, the Department assessed the Taxpayer for underpayment penalty of personal income estimated payments for the 2015 tax year. The Taxpayer paid the assessed penalty and filed an application for refund with the Department on October 9,...
Russell and Anne Farrell
04/28/2017 17-21 On June 23, 2009, the Department assessed the Taxpayers for gross receipts tax, penalty, and interest for reporting periods for the 2006 and 2005 tax year. The Taxpayers filed a formal protest on July 16, 2009 and the Department acknowledged that...
Mohamed B. Aswald, M.D., P.C
04/14/2017 17-19 The Taxpayer submitted a claim for refund on November 4, 2015 for an overpayment of gross receipts taxes for reporting periods from February to December of 2012. On November 18, 2015, the Taxpayers claim for refund was denied by the Department due to...
Christopher Roche & Nguyen H. Park
04/14/2017 17-20 On November 21, 2016, the Department assessed the Taxpayers for penalty and interest owed for the 2015 personal income tax (PIT) period. The Taxpayer filed a timely written protest with the Department on December 23, 2016. The Taxpayers argued that...
Mosaic Potash Carlsbad, Inc.
03/29/2017 17-15 On July 24, 2015, the Taxpayer submitted a claim for refund for the periods beginning January 1, 2012 and ending December 31, 2014 for compensating tax which was reported on Combined Reporting System (CRS) return. The Taxpayer filed a timely protest...
Affordable Cellular
03/29/2017 17-16 On February 25, 2016, the Department sent an assessment letter to the Taxpayer for the reporting periods January 1, 2009 through December 31, 2011 for gross receipts tax (GRT), penalty, and interest. On April 21, 2016, the Taxpayer filed a timely...
Richard Casias & Cheri L. Olivas
03/13/2017 17-12 The Taxpayer filed an official protest to the notices of claim of tax lien which was received timely by the Department on September 22, 2016. The formal protest disputed that the Taxpayer’s are not liable for the amounts due in a personal capacity and...
D-Trix Services, LLC
03/12/2017 17-11 On May 18, 2016, the Department assessed the Taxpayer for tax, penalty and interest in weight distance tax (WDT) for the reporting period beginning October 1, 2009 through March 31, 2013. The Taxpayer filed a timely protest with the Department. The...
Hydrotech Services, LLC
02/27/2017 17-10 On January 6, 2016, The Department assessed the Taxpayer for International Registration Plan (IRP) penalty and interest for the tax reporting period ending December 31, 2014 and an assessment for International Fuel Tax Agreement (IFTA) for March 31,...
Wells Fargo Equipment Finance
02/23/2017 17-09 On September 1, 2015, the Department sent a return adjustment notice for the tax year ending December 31, 2011 to the Taxpayer and on September 8, 2015 an assessment for the tax year ending December 31, 2011 including penalty and interest was sent to...
Ronald O. Jaynes
02/10/2017 17-08 On October 24, 2016, the Department sent a denial letter to the Taxpayer for an untimely submission of a protest letter postmarked September 14, 2016. On November 3, 2016 the Department received a timely protest of the Department’s denial to the...
Broken Hill Proprietary Inc.
02/06/2017 17-07 On December 24, 2014, the Taxpayer submitted an Application for Rural Job Tax Credit which was received by the Department on December 30, 2014. The Application sought a Rural Job Tax Credit for 665 Jobs. On September 29, 2015, the Department sent a...
Randall & Judith Gilbert
01/31/2017 17-06 On December 3, 2015 the Department assessed the Taxpayer for gross receipts tax, penalty, and interest for the Combined Reporting Systems reporting periods from January 1, 2008 through December 31, 2012. A timely protest was filed with the Department....