(Download) "Tpl" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free
eBook details
- Title: Tpl
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 19, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
¶1 NMSA 1978, § 7-9-57 (1989, prior to 1998 & 2000 amendments) provides New Mexico businesses with a deduction from the gross receipts tax for services provided to out-of-state buyers. Businesses are not eligible for the deduction, however, if the out-of-state buyer either makes initial use or takes delivery of the "product of the service" in New Mexico. Id. Taxpayer TPL, Inc. entered contracts with a division of the United States Army to demilitarize and dispose of unwanted weapons. TPL claimed it could deduct its receipts from these contracts because it was providing services to an out-of-state buyer. The New Mexico Taxation and Revenue Department (hereinafter "Department") denied the deduction on the basis that the buyer made initial use or took delivery of the product of service in New Mexico. The Court of Appeals affirmed. TPL, Inc. v. N.M. Taxation & Revenue Dep't, 2000-NMCA-083, ¶ 14, 129 N.M. 539, 10 P.3d 863, cert. granted No. 26,505 (2001). We granted certiorari. Because TPL met its burden to establish that it provided services to an out-of-state buyer that neither made initial use nor took delivery of its product of service in New Mexico, we reverse.