Co-Con, Inc. v. Bureau of Revenue

I dissent.

I dissent on Point 1, which affirms the Decision and Order of the Commissioner with respect to gross receipts on leases. The Commissioner’s written Decision and Order is (1) arbitrary, capricious and an abuse of discretion; (2) not supported by substantial evidence in the record; and (3) not in accordance with law. Section 72-13-39(D), N.M.S.A.1953 (Repl.Vol. 10, pt. 2, 1973 Supp.).(1) To find an equipment leasing arrangement between Universal and Co-Con disregards equitable principles and strains the public conscience.

The Commissioner’s Decision and Order made the following…