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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Online Radiology
07/16/2019 19-17 On October 23, 2017, the Department assessed the Taxpayer $309,185.49 in gross receipts tax, penalty, and interest. On January 20, 2018, the Taxpayer through a representing CPA firm formally protested the assessment. The main issued presented in this...
The GEO Group Inc
06/28/2019 19-16 On April 24, 2017, the Department sent a denial letter in response to the Taxpayer’s claim for refund of corporate income tax for 2011 and 2012, stating that a net operating loss established on a separate entity cannot be claimed on a consolidated...
Gabriel M. Vigil and Elauterio Vigil
06/26/2019 19-15 On March 14, 2018, the Department issued assessments to Gabriel M. Vigil and to Elauterio Vigil in the amount of $333,025.03 in tax, penalty, and interest for the periods between January 31, 2008 and September 30, 2011. The Taxpayers filed formal...
Michael Corwin
05/24/2019 19-14 On April 20, 2016, the Department assessed Corwin Research and Investigations, LLC, the business of the Taxpayer for gross receipts tax, penalty, and interest for periods from 2010 to 2012. On September 1, 2017, the Department issued another...
School for Advanced Research
05/16/2019 19-13 Between December 5, 2018, and December 10, 2018, the Department assessed the Taxpayer for withholding tax, penalty, and interest for three filing periods in 2016. On January 7, 2019, the Taxpayer filed a formal protest of the assessments. The majority...
Michele Giacomo
05/10/2019 19-12 Between October 12, 2017, and November 1, 2017, the Department issued warrants of levy to multiple entities in order to collect a gross receipts tax liability for Giacomo Medical, Inc, the business of Michael Giacomo, the Taxpayer’s spouse. On January...
Sandia Corporation
04/19/2019 19-11 On December 23, 2013 the Taxpayer filed an application for refund for the tax periods December 2009 through November 2010 in the amount of $13,331,708.48. On December 19, 2014, Taxpayer filed an application for refund for tax periods December 2010...
American Power LLC
04/10/2019 19-10 On September 17, 2018, the Department issued an assessment to the Taxpayer for weight distance tax, penalty, interest, and underreporting penalty. On September 25, 2018, the Taxpayer submitted a letter of protest with support for the grounds of the...
Inner Works
03/19/2019 19-09 On March 13, 2017, the Department issued two refund denial letters in response to claims for refund for gross receipts tax by the Taxpayer for periods in 2009 and 2012. On May 15, 2018, the Taxpayer submitted two formal protests of the denials. In...
Priscilla A Montoya
02/27/2019 19-08 On August 9, 2018, the Department issued an assessment to the Taxpayer for personal income tax due for the tax year 2017. The Taxpayer’s income tax return had been adjusted by the Department to disallow two dependent exemptions. On November 3, 2018,...
Apple Electrical Contractors Inc
02/19/2019 19-07 On April 6, 2018, the Department assessed the Taxpayer in the amount of $618,186.58 in gross receipt tax, penalty, and interest. The Taxpayer then filed a formal protest of the assessment that was received by the Department on July 5, 2018. The...
Pamela Castaldi
02/15/2019 19-06 On July 25, 2018, the Department issued an assessment to the Taxpayer for personal income tax for year 2016. On October 6, 2018, the Taxpayer filed a timely protest. The only issue in this protest was whether the Taxpayer was properly assessed when...
Halliburton Energy Services Inc
02/04/2019 19-05 On December 8, 2015, the Taxpayer filed an application for refund with the Department for $44,454,836 in gross receipts tax for periods between 2011 and 2015. The taxpayer then filed another application for refund on December 28, 2015 for $3,462,261...
Rojo Concrete Construction
01/24/2019 19-04 On July 24, 2018, the Department issued a Warrant of Levy letter to the bank of the Taxpayer containing a list of assessments of tax owed between October 1, 2010 and May 31, 2017. In response the bank issued a cashier’s check to the Department on July...
Ernesto and Nancy Hurtado
01/17/2019 19-03 On September 13, 2016, the Department assessed the Taxpayers for personal income tax, penalty, and interest for the tax years 2009 through 2015. On October 11, 2016, the Taxpayer filed a formal protest letter. The Taxpayers acknowledged that the...
19-01 Silver Oak Drilling LLC.
01/11/2019 19-01 On October 6, 2016, the Department denied the Taxpayer’s application for the High Wage Jobs Tax Credit in the amount of $1,144,314.98 for the periods between January of 2010 through December 2014. On January 4, 2017, the Taxpayer executed a protest of...
Ronald and Paula Peterson
01/11/2019 19-02 On August 28, 2018, the Department assessed the Taxpayers for $3,425.63 in tax, interest, and penalty. This amount included $98.02 in estimated payment penalty. On August 17, 2018, the Taxpayers previously had been sent an adjustment notice stating...
Mark A & Ikesha M Owens
12/21/2018 18-43 On February 27, 2018, the Department issued a Return Adjustment Notice notifying the Taxpayers that their return had been adjusted for 2016 denying the refund claimed. On May 22, 2018, the Taxpayers sent a letter formally protesting the denied refund....
Discover Bank
12/21/2018 18-44 On May 13, 2016, the Taxpayer filed a claim for refund of $233,950.59 for corporate income tax for two filing periods in 2011 and 2012. These years had been converted by the Taxpayer from calendar year reporting to fiscal year. The Department took no...
Advanced Environmental Solutions Inc
12/03/2018 18-42 On June 14, 2016, the Department issued an assessment in the amount of $82,069.74 for gross receipts tax, penalty, and interest. On September 7, 2016, the Taxpayer filed a formal protest of the assessment. The Department agreed later to abate a small...