Legal Opinion

Cavu Co. v. Martinez

New Mexico Court of Appeals

Decided April 5, 2013No. 34,039; Docket No. 32,021Published

1Opinion of the Court

OPINION

Bustamante, Judge.

{1} This case presents two issues. The first is whether a statute and regulation stating that an exemption from taxation is determined “as of January 1” requires the reviewing body to focus exclusively on use of the property on that day or permits examination of use prior to that date. The district court determined that because CAVU Co.’s (Taxpayer) property was not in use on January 1, 2010, it was not eligible for exempt status for that year. Although the district court erred in its narrow interpretation of the applicable statutes and regulations, we nevertheless…

2Cases cited18 opinions

  1. Morgan Keegan Mortgage Co. v. CandelariaNew Mexico Court of Appeals · 1997
  2. Temple Lodge No. 6, A.F. A.M. v. TierneyNew Mexico Supreme Court · 1933
  3. Quantum Corp. v. State Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1998
  4. Skinner v. New Mexico State Tax CommissionNew Mexico Supreme Court · 1959
  5. Ernest W. Hahn, Inc. v. COUNTY ASSESSOR, ETC.New Mexico Supreme Court · 1978

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