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A&W RESTAURANTS v. TAXATION AND REV. DEPT.

No. A-1-CA-35999.

429 P.3d 976 (2018)

2018-NMCA-069

A&W RESTAURANTS, INC., Petitioner-Appellant, v. TAXATION AND REVENUE DEPARTMENT of the State of New Mexico, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, October 26, 2018, No. S-1-SC-37272.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, P.C., Stevan Douglas Looney , Justin R. Sawyer , Andrew J. Baranowski , Albuquerque, NM, for Appellant.

Hector H. Balderas , Attorney General, Peter Breen , Special Assistant Attorney General, Taxation and Revenue Department, Santa Fe, NM, for Appellee.

OPINION

{1} A 2013 audit by the New Mexico Taxation and Revenue Department (the Department) resulted in the assessment of unpaid gross receipts tax against A&W Restaurants, Inc. (A&W), in the amount of $29,349.33. A&W protested the Department's imposition of gross receipts tax on certain trademark...

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