In March 2005, the Taxpayer filed a claim for refund of gross receipts taxes, which was denied by the Department because it was not filed within the three-year statute of limitations set out in Section 7-1-26 NMSA 1978. The Taxpayer protested, arguing that equitable considerations should apply since the refund claim arose from events that occurred after the limitations period had run. Held: The Department is required to apply the tax laws as written by the state legislature and does not have authority to override those laws based on equitable considerations. Protest denied.
BAE Systems IESI, Inc. (Successor to Lockheed Martin Corporation Sanders)