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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New Mexico Food Distributors Inc & Affiliates
10/18/2018 18-31 On July 16, 2018, the Department assessed the Taxpayers, NM Foods Distributors, Inc, and affiliated entities Los Curates Restaurant and Little Anita’s Mexican Food in separate assessments for gross receipts and withholding tax penalty as well as...
Thomas W and Linda L Krumland
10/03/2018 18-30 On August 1, 2016, the Department assessed both Taxpayers in two assessments for gross receipts tax, penalty and interest for the CRS filing periods ending June 30, 2009 through June 30, 2015. On September 8, 2016 the taxpayers filed a formal protest...
Precheck Inc
09/14/2018 18-29 On November 17, 2017, the Department notified the Taxpayer that it reviewed and denied its claim for CRS refund in the amount of $178,341.46 for periods in years 2011 to 2015. On November 20, 2017 the taxpayer submitted a formal written protest of the...
Diamond T U.S. Mail Service Inc
09/04/2018 18-28 On August 4, 2017 the Department assessed the Taxpayer gross receipts tax, penalty and interest for the CRS reporting periods ending April 30, 2013 to December 31, 2016. On August 28, 2017, the Department received the Taxpayer’s timely protest of the...
Active Solutions Inc
08/29/2018 18-27 On March 21, 2017 the Department assessed the Taxpayer for tax, penalty and interest for the CRS filing periods ending January 31, 2010 through February 29, 2016. The taxpayer filed a formal protest on June 19, 2017. The chief issue in this protest...
Michael Andrew & Meredith L. Hartnagle
08/10/2018 18-26 On July 10, 2017, the Department issued a notice of assessment of taxes for gross receipts tax, penalty, and interest. On October 5, 2017, the Taxpayer filed a timely protest with the Department. The Taxpayers’ argued that the income in question were...
The Red Onion
08/03/2018 18-25 On February 5, 2018, the Department assessed the Taxpayer as a successor in business for tax, penalty, and interest. The Taxpayer filed a timely protest with the Department on February 26, 2018. The Taxpayer and the previous business owner entered...
TVSLR, LLC
08/02/2018 18-24 On September 28, 2016, the Department assessed the Taxpayer, as a successor in business for the tax periods from December 31, 2014 through July 31, 2016. On December 19, 2016, the Taxpayer filed a formal protest with the Department. On or about August...
High Desert Bicycle Inc
08/01/2018 18-23 On December 4, 2017, the Department denied the Taxpayer claim for refund for the penalty paid for the tax periods between January 1, 2016 and January 31, 2016. On January 10, 2018, the Department denied a second claim for refund for the penalty paid...
18-22 El Terrero Construction LLC
07/31/2018 18-22 On February 22, 2018, the Department denied the Taxpayer’s claim for refund for the combined reporting system period ending December 31, 2017. On March 23, 2018, the Taxpayer filed a timely formal protest with the Department. The protest requested...
CCA of Tennessee
07/24/2018 18-21 On November 9, 2016, the Department assessed the Taxpayer for gross receipts tax, withholding tax, penalty, and interest for the periods starting January 31, 2010 through September 30, 2015. On December 7, 2016, the Taxpayer filed a formal protest...
Raytheon Company
07/05/2018 18-20 On June 15, 2016, the Department issued a denial letter and partial denial letter to the Taxpayer for applications that were submitted for the high wage jobs tax credit. On September 20, 2016, the Department received a timely protest of those denial...
HMX Construction
06/29/2018 18-19 On September 14, 2016, the Department assessed the Taxpayer as a successor in business for tax, penalty, and interest for tax periods starting March 31, 2009 ending August 31, 2015. On December 12, 2016, the Taxpayer filed a formal protest letter with...
Guglielmo & Associates PLLC
06/21/2018 18-18 On January 5, 2018, the Department issued an assessment asserting liability for penalty and interest based on the Taxpayer’s failure to timely report, pay or deliver property which falls under the Uniform Unclaimed Property Act. The Taxpayer submitted...
JTC Inc.
06/06/2018 18-17 On February 3, 2011, the Department assessed the Taxpayer for gross receipts tax, penalty, and interest for the tax periods starting January 31, 2004 through December 31, 2009. On February 24, 2011, the Taxpayer filed a timely formal protest with the...
Shaun E. Holguin
05/30/2018 18-14 On September 29, 2017, the Department assessed the Taxpayer for personal income tax, penalty, and interest for the tax year ending December 31, 2010. On October 11, 2017, the Taxpayer filed a timely protest with the Department. During the time at...
SSC Albuquerque Operating Company LLC
05/30/2018 18-16 On June 5, 2017, the Department issued a refund denial letter for a gross receipts tax application for refund that was submitted for periods starting January 2014 and ending January 2016. On July 31, 2017, the Taxpayer filed a timely formal protest...
Del Corazon Hospice LLC
05/01/2018 18-15 On April 21, 2107, the Department assessed the Taxpayer for workers’ compensation fees, penalty, and interest for periods starting March 31, 2011 through December 31, 2015. On April 21, 2017, the Department also assessed the Taxpayer for gross...
Mosaic Potash Carlsbad Inc.
04/11/2018 18-13 On October 5, 2016, the Department sent a partial denial to the Taxpayers for the high wage job tax credit application that was submitted to the Department for the periods starting January of 2010 through February of 2015. On January 5, 2017, the...
General Electric Company & Subsidiaries
04/06/2018 18-12 On September 11, 2014, the Department assessed the Taxpayer for corporate income tax, penalty, and interest for the reporting periods from December 31, 2008 through December 31, 2010. On October 21, 2014, the Taxpayer filed a timely protest with the...