Legal Opinion

A&W Rests., Inc. v. Taxation & Revenue Dep't of N.M.

New Mexico Court of Appeals

Decided August 22, 2018No. A-1-CA-35999PublishedCited by 2 opinions

1Opinion of the Court

GALLEGOS, Judge.

{1} A 2013 audit by the New Mexico Taxation and Revenue Department (the Department) resulted in the assessment of unpaid gross receipts tax against A&W Restaurants, Inc. (A&W), in the amount of $29,349.33. A&W protested the Department's imposition of gross receipts tax on certain trademark-related royalty fees contained within its franchise agreements with New Mexico businesses. The hearing officer granted summary judgment in favor of the Department, and A&W appeals. For the reasons that follow, we affirm.

BACKGROUND

{2} A&W, an out-of-state corporation, entered into a number of…

2Cases cited9 opinions

  1. Cooper v. Chevron U.S.A., Inc.New Mexico Supreme Court · 2002
  2. Luboyeski v. HillNew Mexico Supreme Court · 1994
  3. Michael J. Maloof & Co. v. Bureau of RevenueNew Mexico Supreme Court · 1969
  4. Valenzuela v. SnyderNew Mexico Court of Appeals · 2014
  5. Federal Express Corp. v. AbeytaNew Mexico Court of Appeals · 2004

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

3Cited by2 opinions

  1. Sacred Garden, Inc. v. N.M. Tax'n & Revenue Dep'tNew Mexico Court of Appeals · 2020
  2. High Desert Recovery v. N.M. Tax'n & Revenue Dep'tNew Mexico Court of Appeals · 2021

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