SECURITY ESCROW v. TAX. & REVENUE DEPT.

No. 10089.

760 P.2d 1306 (1988)

107 N.M. 540

SECURITY ESCROW CORPORATION and First Escrow, Inc., New Mexico Corporations, Plaintiffs-Appellees, v. STATE of New Mexico TAXATION AND REVENUE DEPARTMENT, Defendant-Appellant.

Court of Appeals of New Mexico.

August 2, 1988.


Attorney(s) appearing for the Case

J. Stephen Gammill, Alice Tomlinson Lorenz, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for plaintiffs-appellees.

Hal Stratton, Atty. Gen., Louhannah M. Walker, Daniel Yohalem, Carolyn A. Wolf, Sp. Asst. Attys. Gen., Taxation and Revenue Dept., Santa Fe, for defendant-appellant.


OPINION

APODACA, Judge.

The State of New Mexico Taxation and Revenue Department (Department) appeals from the trial court's judgment and order granting plaintiffs' (taxpayers) application for a tax refund. Two issues are raised by the Department: (1) whether basic real estate contracts constitute loan transactions, such that receipts from charges for handling payments made under the contracts may be deducted from taxpayers' gross receipts; and (2) whether...

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