Goodner v. State Tax Commission

373 P.2d 540, 70 N.M. 300
CourtNew Mexico Supreme Court
DecidedJuly 26, 1962
DocketNo. 7081
StatusPublished

This text of 373 P.2d 540 (Goodner v. State Tax Commission) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodner v. State Tax Commission, 373 P.2d 540, 70 N.M. 300 (N.M. 1962).

Opinion

CARMODY, Justice.

Appellees sought and obtained from the trial court equitable relief striking a ten-year assessment of omitted property.

The case is controlled by General Tel. Co. of Southwest v. State Tax Comm., 1962, 69 N.M. 403, 367 P.2d 711; and State ex rel. State Tax Comm. v. First Judicial District Court, 1961, 69 N.M. 295, 366 P.2d 143. Appellees have an adequate remedy at law by paying the amount of the taxes assessed, under protest, and thereafter instituting suit thereon.

The cause is reversed, with instructions to the district court to set aside its judgment and dismiss the proceeding.

IT IS SO ORDERED.

COMPTON, C. J., and CHAVEZ, J., concur. MOISE and NOBLE, JJ., not participating.

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Related

State Ex Rel. State Tax Commission v. First Judicial District Court
366 P.2d 143 (New Mexico Supreme Court, 1961)
General Telephone Co. v. State Tax Commission
367 P.2d 711 (New Mexico Supreme Court, 1962)

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Bluebook (online)
373 P.2d 540, 70 N.M. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodner-v-state-tax-commission-nm-1962.