Stockton v. State Taxation & Revenue Department

2007 NMCA 071, 161 P.3d 905, 141 N.M. 860
CourtNew Mexico Court of Appeals
DecidedApril 20, 2007
Docket26,041
StatusPublished
Cited by15 cases

This text of 2007 NMCA 071 (Stockton v. State Taxation & Revenue Department) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stockton v. State Taxation & Revenue Department, 2007 NMCA 071, 161 P.3d 905, 141 N.M. 860 (N.M. Ct. App. 2007).

Opinion

OPINION

PICKARD, Judge.

{1} Pro se Appellants, Jo Ann and Brooky Stockton (Taxpayers), appeal from an administrative decision and order denying their protest of a tax lien filed by the New Mexico Taxation and Revenue Department (Department). Taxpayers raise several technical challenges to the manner in which the Department obtained and utilized Ms. Stockton’s federal income tax information. Taxpayers also challenge the authority of the Department’s hearing officer with respect to oath-of-office and surety-bond requirements. Concluding that Taxpayers’ arguments are without merit, we affirm.

BACKGROUND

{2} This appeal arises from a state tax liability assessed by the Department in the amount of $565.95. In the 1999 tax year, Ms. Stockton reported zero taxable income to the Internal Revenue Service (IRS). The IRS subsequently adjusted her income to $17,-153.00 — an amount representing wages paid to Ms. Stockton as reported by NCES of New Mexico, Inc.

{3} In 2003, the IRS provided the Department with Ms. Stockton’s tax information for the 1999 tax year. The information was provided via federal form 4549; which is titled “Income Tax Examination Changes,” and is commonly known as a Revenue Agent’s Report (RAR). The form indicated that Ms. Stockton had initially reported zero taxable income to the IRS and that the IRS had subsequently adjusted her income based on information obtained from her employer. The form also indicated that the IRS had assessed a tax liability against Ms. Stockton.

{4} Based on the information provided by the IRS, the Department determined that Ms. Stockton did not file a 1999 New Mexico personal income tax return reporting the taxable income indicated on the RAR. As such, the Department informed Ms. Stockton that it was assessing her for $330.00 of New Mexico personal income tax, plus $33.00 in penalties and $202.95 in interest accrued to the date of assessment.

{5} On June 16, 2004, Ms. Stockton mailed a written protest of the assessment. In her protest, Ms. Stockton claimed that she was entitled to an abatement of the assessed tax liability because she was unable to determine whether the amount assessed was accurate, since the Department had not provided her with a copy of the RAR. After receiving a copy of the RAR, Ms. Stockton supplemented her protest, arguing that the RAR was invalid because it was not signed and because the information contained in the RAR was hearsay.

{6} On January 20, 2005, the Department issued a notice of claim of tax lien against Taxpayers (the lien against Mr. Stockton was later released). Taxpayers subsequently filed a petition and a number of additional documents seeking to abate or dismiss the claim of lien. In their multiple filings, Taxpayers argued that the lien was unlawful, that various Department employees had failed to obtain faithful performance bonds and were therefore misrepresenting themselves as public employees, that the Department had violated federal law in obtaining Ms. Stockton’s federal tax information, and that Ms. Stockton was not subject to federal income tax liability. Taxpayers did not argue below, and do not argue on appeal, that Ms. Stockton did not earn wages in New Mexico in the amount claimed by the Department during the year at issue.

{7} Following a hearing, the administrative hearing officer issued a detailed decision and order addressing each of Taxpayers’ arguments and denying Taxpayers’ protest. This appeal followed.

STANDARD OF REVIEW

{8} An appellate court may only reverse a decision by a hearing officer of the Department if the decision is “(1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with the law.” NMSA 1978, § 7-1-25(0) (1989); see Holt v. N.M. Dep’t of Taxation & Revenue, 2002-NMSC-034, ¶4, 133 N.M. 11, 59 P.3d 491; Siemens Energy & Automation, Inc. v. N.M. Taxation & Revenue Dep’t, 119 N.M. 316, 317-18, 889 P.2d 1238, 1239-40 (Ct.App.1994). In reviewing the hearing officer’s decision, we will presume that “[a]ny assessment of taxes or demand for payment made by the department is ... correct,” and we will place the burden on the taxpayer to overcome this presumption. NMSA 1978, § 7-1-17(C) (1992); Holt, 2002-NMSC-034, ¶ 4, 133 N.M. 11, 59 P.3d 491. Therefore, in the present case, Taxpayers bear the burden of demonstrating that the hearing officer’s decision is incorrect. See Holt, 2002-NMSC-034, ¶ 4, 133 N.M. 11, 59 P.3d 491.

DISCUSSION

{9} Taxpayers’ arguments are typical of the many taxpayer protester arguments summarily rejected by courts throughout the country. See generally Christopher S. Jackson, The Inane Gospel of Tax Protest: Resist Rendering Unto Caesar — Whatever His Demands, 32 Gonz. L.Rev. 291 (1996-97) (discussing common tax protester arguments). In fact, our Supreme Court recently issued an opinion in a case similar to the case at bar with the hope that the opinion would prevent future “unnecessary expenditure^] of public resources” relating to frivolous taxpayer protests. See Holt, 2002-NMSC-034, ¶3, 133 N.M. 11, 59 P.3d 491. Ignoring the analysis and reasoning in Holt, Taxpayers in the present case assert equally frivolous arguments.

{10} On appeal, Taxpayers raise four “deficiencies” in response to the Department’s assessment of a state tax liability and filing of a tax lien: (1) that the hearing officer’s decision is void because the officer discharged her duties without taking an oath to uphold the constitutions of the United States and New Mexico and without obtaining a faithful performance bond; (2) that the hearing officer misapplied federal tax laws in determining Ms. Stockton’s income tax liability; (3) that the hearing officer failed to submit a written request to the IRS for Ms. Stockton’s tax information; and (4) that the hearing officer erred in relying on the RAR, because the RAR is hearsay, as it lacks an original signature, does not contain any attestation under oath, and does not actually state that Ms. Stockton owes any taxes to the federal government.

{11} Although we believe that the hearing officer’s decision more than adequately addresses each of Taxpayers’ arguments and that Taxpayers’ brief fails to address the “overwhelming authority discussed in the hearing officer’s decision,” we nonetheless address each of Taxpayers’ arguments in turn. See Holt, 2002-NMSC-034, ¶4, 133 N.M. 11, 59 P.3d 491.

A. The hearing officer’s failure to take an oath or obtain a faithful performance bond does not affect Taxpayers’ tax liability.

{12} Taxpayers argue that the hearing officer’s denial of their protest is “null and void” because the hearing officer discharged her duties without taking an oath of office or obtaining a faithful performance bond. According to Taxpayers, the New Mexico Constitution requires hearing officers to swear an oath to uphold the United States and New Mexico constitutions.

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Cite This Page — Counsel Stack

Bluebook (online)
2007 NMCA 071, 161 P.3d 905, 141 N.M. 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockton-v-state-taxation-revenue-department-nmctapp-2007.