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KEWANEE INDUSTRIES, INC. v. REESE

Nos. 20591, 20732.

845 P.2d 1238 (1993)

114 N.M. 784

KEWANEE INDUSTRIES, INC., and The Pittsburg & Midway Coal Mining Co., Plaintiffs-Appellants, v. Gail REESE, Secretary of the Taxation and Revenue Department, State of New Mexico, Defendant-Appellee. KEWANEE INDUSTRIES, INC., Plaintiff-Appellant, v. STATE of New Mexico, ex rel., TAXATION AND REVENUE DEPARTMENT, Defendant-Appellee.

Supreme Court of New Mexico.

January 13, 1993.

Attorney(s) appearing for the Case

Campbell, Carr, Berge & Sheridan, Michael Campbell, Bradford C. Berg, Santa Fe, for plaintiffs-appellants.

Tom Udall, Atty. Gen., Carolyn Wolf, Sp. Asst. Atty. Gen., Santa Fe, for defendant-appellee.

OPINION

FRANCHINI, Justice.

This case involves two separate appeals: Case No. 20,732 by Kewanee Industries, Inc. (Kewanee), and Case No. 20,591 by Kewanee and Pittsburgh & Midway Coal Mining Co. (P & M).1 At issue is the assessment of corporate and gross receipts taxes on rental income from the leases of two draglines. In Case No. 20,732, the dispositive issue is whether the...

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