Legal Opinion

Vaughn v. State Taxation & Revenue Department

New Mexico Court of Appeals

Decided July 13, 1982No. 5450PublishedCited by 13 opinions

1Opinion of the Court

OPINION

NEAL, Judge.

This appeal concerns the construction of § 22-11-42, N.M.S.A.1978.

Plaintiffs are, or have been, members of the Educational Retirement Fund (ERF). They are required to contribute 5V2% of their annual salary to the ERF. Section 22-11-16, N.M.S.A.1978, § 22-11-21, N.M. S.A.1978. The Department of Taxation (Department) imposes income tax on the total amount of the members’ salaries, including the portion withheld for the ERF (5V2% of the total salary). The plaintiffs, contending that their contributions to the ERF should not be included in their taxable base, filed suit asking…

2Cases cited6 opinions

  1. State v. ElliottNew Mexico Supreme Court · 1977
  2. Perea v. BacaNew Mexico Supreme Court · 1980
  3. Spears v. Canon De Carnue Land GrantNew Mexico Supreme Court · 1969
  4. Southern Union Gas Co. v. New Mexico Public Service CommissionNew Mexico Supreme Court · 1971
  5. Weiland Ex Rel. Weiland v. VigilNew Mexico Court of Appeals · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Pierce v. State Ex Rel. New Mexico Taxation & Revenue DepartmentNew Mexico Supreme Court · 1995
  2. City of Farmington v. L.R. Foy Construction Co.New Mexico Supreme Court · 1991
  3. Clayton v. Farmington City CouncilNew Mexico Court of Appeals · 1995
  4. Brewster v. Cooley & AssociatesNew Mexico Court of Appeals · 1993
  5. Claridge v. New Mexico State Racing CommissionNew Mexico Court of Appeals · 1988

8 more not listed; retrieve them via the Exa API.

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