New Mexico Statutes Chapter 60. Business Licenses § 60-2E-38. Calculation of net take;  certain expenses not deductible

In calculating net take from gaming machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, except for travel expenses, food, refreshments, lodging or services.  For the purposes of this section, “as the result of a legitimate wager” means that the patron must make a wager prior to receiving the personal property, regardless of whether the receipt of the personal property is dependent on the outcome of the wager.