Court of Appeals of New Mexico

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HUNT V. O'CHESKEY, 1973-NMCA-026, 85 N.M. 381, 512 P.2d 954 (Ct. App. 1973)

EMMETT K. HUNT and MARY E. HUNT, his wife Appellants
vs.
FRED L. O'CHESKEY, COMMISSIONER OF THE BUREAU OF REVENUE OF
THE STATE OF NEW MEXICO and THE BUREAU OF REVENUE OF
THE STATE OF NEW MEXICO, Appellees

No. 931

COURT OF APPEALS OF NEW MEXICO

1973-NMCA-026, 85 N.M. 381, 512 P.2d 954

February 09, 1973

Administrative Appeal

Motion for Rehearing Denied March 5, 1973

COUNSEL

PHILIP R. ASHBY, Albuquerque, New Mexico, Attorney for Appellants.

L. LAMAR PARRISH, USSERY, BURCIAGA & PARRISH; VICTOR R. ORTEGA, U.S. Attorney, JAMES B. GRANT, Ass't. U.S. Attorney; Albuquerque, New Mexico, KENT FRIZZELL, Ass't Attorney General of the U.S., GEORGE R. HYDE, DIRK D. SNEL, Dept. of Justice, Washington, D.C., amicus curiae.

DAVID L. NORVELL, Attorney General, JOHN C. COOK, CURTIS W. SCHWARTZ, Bureau of Revenue, Assistant Attorneys General, Santa Fe, New Mexico, Attorneys for Appellees.

JUDGES

WOOD; HENDLEY; HERNANDEZ

AUTHOR: WOOD

OPINION

ORDER

{1} This appeal questions the authority of New Mexico to tax income and gross receipts of Indians residing on a reservation when the income and gross receipts involved are derived solely from activities within the reservation. All Judges of the panel are of the opinion that New Mexico may not tax gross receipts under the above circumstances. A majority are of the opinion that New Mexico may not tax income under the above circumstances. The Judges' opinions are attached.

{2} Accordingly, the Commissioner's Decision and Order applying these taxes to the Hunts' income and gross receipts is reversed.

{3} IT IS SO ORDERED.

/s/ JOE W. WOOD Chief Judge

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