Legal Opinion

C & D Trailer Sales v. Taxation & Revenue Department

New Mexico Court of Appeals

Decided November 29, 1979No. 3778PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Taxpayer appeals an order and decision of the Department which denied a protest of assessed gross receipts tax, interest and penalty on its sales of mobile homes. We affirm.

Taxpayer raises three issues on appeal: (1) the constitutionality of New Mexico’s taxing scheme vis-a-vis mobile homes; (2) assuming the taxing scheme to be constitutional, whether it was proper to impose a penalty on Taxpayer for failure to timely pay said taxes; and (3) whether the procedures given Taxpayer by the Department were constitutionally adequate.

The Department made the following findings…

2Cases cited11 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
  4. Seidenberg v. New Mexico Board of Medical ExaminersNew Mexico Supreme Court · 1969
  5. Michael J. Maloof & Co. v. Bureau of RevenueNew Mexico Supreme Court · 1969

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

3Cited by7 opinions

  1. Kmart Properties, Inc. v. Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2002
  2. Team Specialty Products, Inc. v. New Mexico Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2004
  3. Kewanee Industries, Inc. v. ReeseNew Mexico Supreme Court · 1993
  4. Consolidated Freightways Corp. v. State, Department of Revenue & TaxationIdaho Supreme Court · 1987
  5. Phillips Mercantile Co. v. New Mexico Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1990

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

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