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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MZA Associates Corporation
08/01/2001 01-16 Taxpayer is a federal contractor involved in developing software for the government. In 1995, the corporation hired an office manager to handle the company’s financial records and accounting systems. In July 1997, the filing of CRS returns by the...
Ernest J. & Jean Marie Rose
07/30/2001 01-14 The Taxpayer was assessed gross receipts tax on his gross receipts from performing services as an independent contractor, severing timber which was owned by another person. The Taxpayer had not reported or paid gross receipts tax on his receipts,...
DeWayne Maloy
07/18/2001 01-12 Between 1982 and 1997, the Taxpayer was employed by a national company. During most of this 15-year period, the Taxpayer lived and worked in Texas. He also lived in Oklahoma for a brief period, and then moved to New Mexico in 1994. During his 15 years...
Duke Engineering & Services, Inc.
07/18/2001 01-11 The Taxpayer learned upon audit that one of its customers had provided it with a Department form NTTC which the customer had altered to indicate that it was a Type 5 NTTC when it had originally been issued to the customer as a Type 15 NTTC. The...
Randall Summers
06/15/2001 01-09 Taxpayer protested the imposition of penalty and interest on his receipts from performing consulting services in New Mexico. The Taxpayer had moved to New Mexico and was not aware that his receipts were subject to gross receipts tax. Taxpayers are...
James Brown
06/14/2001 01-08 The Taxpayer was a resident of Texas for 34 years prior to establishing New Mexico residency in mid-November 1996. In July 2000, following a limited scope audit, the Department assessed the Taxpayer for gross receipts tax, penalty and interest on...
Hilliard Griffin
05/07/2001 01-06 The Taxpayer, a resident of New Mexico, was assessed gross receipts tax, penalty and interest based upon gross receipts from a business or occupation reported on his Federal Schedule C which were not reported to the Department for gross receipts tax...
Satya Deb Misra
04/25/2001 01-05 The Taxpayer was a partner in a business that owned and operated a New Mexico motel. In May 1985 the Taxpayer dissolved the partnership. In June 1992 the Taxpayer was notified that his 1991 New Mexico income tax refund had been applied to outstanding...
Paul and Nancy Jacobs
04/23/2001 01-04 In July 2000, the Taxpayers filed an amended 1998 New Mexico personal income tax return seeking a refund of income tax withheld from compensation paid to the Taxpayers during tax year 1998. The Department denied the refund and the Taxpayers protested,...
Thomas W. Strain, MD
04/23/2001 01-03 The Taxpayer accepted a job as a State Medical Director for a private company in March 1994. In November 1997, the Department assessed the Taxpayer based on a discrepancy between business income reported to the IRS on Schedule C and business income...
Gregory and Shirley Hale
03/07/2001 01-02 Taxpayer protested the assessment of gross receipts tax on the basis that he had moved to New Mexico from California and was a mechanic who should not be expected to understand the nuances of how taxes apply in New Mexico. The Taxpayer also argued...
Sandia Oil Company
02/26/2001 01-01 Taxpayer protested only the imposition of penalty with respect to gross receipts tax and gasoline tax returns which were filed late. The Taxpayer's bookkeeper and office manager was a long time employee who was responsible for preparing and filing its...
Santa Fe Stone Corporation
12/14/2000 00-39 Taxpayer protested the imposition of interest due to the late payment of taxes. The late payment was caused by the fact that the Taxpayer’s bookkeeper had embezzled the tax monies and had concealed the fact that taxes were not being paid. When the...
Robert Pineda
12/13/2000 00-38 The Taxpayer is a certified public accountant engaging in business in New Mexico. The Department conducted an audit of the Taxpayer's gross receipts tax reporting using the Taxpayer's bank records. Based on the Taxpayer's bank deposits, the Department...
Apple Computer, Inc.
12/08/2000 00-37 Taxpayer sold computers and related hardware to customers in New Mexico. The Taxpayer sold the computers pursuant to contracts which either provided that the title to the merchandise passed at the Taxpayer's shipping location, its out-of-state...
David Montoya
12/06/2000 00-36 The Taxpayer is engaged in performing construction services as an independent contractor. The Department assessed the Taxpayer for gross receipts tax, penalty and interest on business income reported on his 1995 federal income tax return but not...
Debbie Garcia-Ingram
12/04/2000 00-35 The Taxpayer was an independent contractor from 1996 through 1998 working for a County Government. In 1999 the Department assessed the Taxpayer for gross receipts tax, penalty and interest on her receipts from performing services. The Taxpayer...
Kimberly Ann Caylor
11/29/2000 00-34 The Taxpayer was an independent contractor in 1996 working as a commissioned salesperson. In April 2000, following a limited scope audit, the Department assessed the Taxpayer gross receipts tax, penalty and interest on her commissions. The Taxpayer...
Roswell Lumber Co.
11/21/2000 00-33 The Taxpayer operates retail businesses in New Mexico, selling building materials. Following a field audit, the Department assessed the Taxpayer for gross receipts tax, penalty and interest on receipts from the sale of construction materials for which...
Larry L. Cotton
11/14/2000 00-32 In 1996, the Taxpayer worked as an independent contractor performing maintenance services. In April 2000, the Department assessed the Taxpayer gross receipts tax, penalty and interest on his 1996 business receipts. Taxpayer protested the assessment,...