El Centro Villa Nursing Center v. Taxation & Revenue Department
New Mexico Court of Appeals
1Opinion of the Court
OPINION
ALARID, Judge.
The motion for rehearing filed by appellee in this cause is granted, and the opinion filed previously is hereby withdrawn and the following substituted therefor.
Taxpayer appeals directly to this court from the decision and order of a hearing officer of the Taxation and Revenue Department (department) assessing a penalty for its failure to pay gross receipts tax, which failure the hearing officer found was due to negligence. NMSA 1978, § 7-1-25 (Repl.Pamp.1988); NMSA 1978, § 7-l-69(A) (Repl.Pamp.1988).
The hearing officer correctly presumed that the department’s…
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