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ALBUQUERQUE NAT. BANK v. COMMISSIONER OF REVENUE

No. 513.

478 P.2d 560 (1970)

82 N.M. 232

ALBUQUERQUE NATIONAL BANK, Trustee under Trust Indenture, dated February 17, 1958, Protestant-Appellant, v. COMMISSIONER OF REVENUE, State of New Mexico, Appellee.

Court of Appeals of New Mexico.

December 4, 1970.

Attorney(s) appearing for the Case

John P. Dwyer, Albuquerque, for protestant-appellant.

James A. Maloney, Atty. Gen., Santa Fe, Richard J. Smith, Asst. Atty. Gen., for appellee.

OPINION

WOOD, Judge.

N.M. Laws 1968 (S.S.), ch. 2, authorized a county income surtax on "individual" residents. It is hereinafter referred to as the surtax statute. The issue is whether "individual" includes a trustee under a trust indenture.

The authority under Section 1 of the surtax statute is:

"* * * to impose a county income surtax up to a maximum of fifty percent of the income tax imposed by the Income Tax Act upon all individual residents...

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