Search Rutgers Law Library N.J. Court Opinions

16 /usr/local/share/www/libweb/collections/courts/tax/08111-16opn.opn.html -- rank: 833

... Corporation Business Tax (“CBT”) because, the plain language of N.J.S.A. 54:10A-4.1 (“the TEFA add-back provision”) ties the addition ... the TEFA to entire net income for CBT purposes under N.J.S.A. 54:10A-4(k)(2)(C), (“the CBT add-back provision”) which ... entire net income for CBT purposes. B. STATUTORY CONSTRUCTION 1. N.J.S.A. 54:10A-4(k)(2)(C); CBT Add-Back Provision In order to ... court must first look to the CBT add-back provision, N.J.S.A. 54:10A- 4(k)(2)(C). As a starting point, the CBT imposes ... profit gained through a sale or conversion of capital assets. [N.J.S.A. 54:10A-4(k).] Entire net income is then limited to line 28 ... the federal income tax return by the subsequent paragraph in N.J.S.A. 54:10A-4(k): 5 For the purpose of [the CBT] … ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	37479

17 Lorillard Tobacco Company v. Director -- rank: 831

... determined by the director, that the adjustments are unreasonable. . . .” N.J.S.A. 54:10A-4.4(c)(1)(b). If further adjustment was needed, [LTC ... s methodology of construing the unreasonableness exception. THE CHALLENGED REGULATION N.J.S.A. 54:10A-4.4(b) requires an entity doing business in New Jersey ... unreasonable,” then the addback “shall not apply.” N.J.S.A. 54:10A- 4.4(c)(1)(b). Taxation interpreted this exception by providing ... would be unreasonable under the exception as set forth at N.J.S.A. 54:10A-4(k)(2)(I).” 52 N.J.R. 1991 (a ... paid to related members, where the court stated: in enacting N.J.S.A. 54:10A-4(k)(2)(I) the Legislature intended that something more than ... for royalty payments, provided an unreasonableness exception to the addback. N.J.S.A. 54:10A-4(k)(2)(I). Taxation’s pre-2020 regulations treated ...

docket:	008305-12
court:	NJ Superior Court Appellate Division
decided:	2023-09-13
status:	Unpublished
citation:
Document Size:	53788

18 /usr/local/share/www/libweb/collections/courts/tax/011704-20.opn.html -- rank: 828

... S corporation’ pursuant to [I.R.C.§1361].” N.J.S.A. 54:10A-4(o). A “New Jersey S corporation” is a � ... to [ N.J.S.A. 54:10A-5.22].” N.J.S.A. 54:10A-4(p). In order for a corporation to elect to be ...

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court:	NJ Superior Court Law/Chancery Division
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status:
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Document Size:	89145

19 /usr/local/share/www/libweb/collections/courts/appellate/012060-16opn.opn.html -- rank: 825

... the Director asserts that the court did not specifically analyze N.J.S.A. 54:10A-4(k)(2)(A), which it argues requires the add-back ... any tax on or measured by the income of corporations. [ N.J.S.A. 54:10A-4 (k)(2)(A).] Additionally, the Director maintains that the court ... Director's interpretation of the term "entire net income” under N.J.S.A. 54:10A-4(k) is in error. Nevertheless, to the extent that the ... court offered insufficient reasoning why the add-back provisions of N.J.S.A. 54:10A-4(k)(2)(A) do not apply, the court hereby revises ... for reconsideration as it relates to the addback provisions of N.J.S.A. 54:10A-4(k)(2)(A). Subsequent to the Appellate Division’s decision ... exemptions or deductions allowed under the treaty by virtue of N.J.S.A. 54:10A-4(k)(2)(A). That statute allows for the add- ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22436

20 /usr/local/share/www/libweb/collections/courts/tax/012060-16opn.opn.html -- rank: 825

... the Director asserts that the court did not specifically analyze N.J.S.A. 54:10A-4(k)(2)(A), which it argues requires the add-back ... any tax on or measured by the income of corporations. [ N.J.S.A. 54:10A-4 (k)(2)(A).] Additionally, the Director maintains that the court ... Director's interpretation of the term "entire net income” under N.J.S.A. 54:10A-4(k) is in error. Nevertheless, to the extent that the ... court offered insufficient reasoning why the add-back provisions of N.J.S.A. 54:10A-4(k)(2)(A) do not apply, the court hereby revises ... for reconsideration as it relates to the addback provisions of N.J.S.A. 54:10A-4(k)(2)(A). Subsequent to the Appellate Division’s decision ... exemptions or deductions allowed under the treaty by virtue of N.J.S.A. 54:10A-4(k)(2)(A). That statute allows for the add- ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	22438

21 Corporate Property Investors v. Dir, Div of Taxation -- rank: 794

... A. 54:10A-5. Entire net income is defined in N.J.S.A. 54:10A-4(k), to the extent pertinent to this proceeding, as follows ... paid to its shareholders is not a special deduction under N.J.S.A. 54:10A-4(k) and, thus, that entire net income for CBT purposes ... of the Code is a "special deduction" for purposes of N.J.S.A. 54:10A-4(k) and thus must be added back to plaintiff's ... special deductions" and "taxable income." While the CBT Act, specifically, N.J.S.A. 54:10A-4(k), defines "entire net income" as prima facie equal in ... the New Jersey tax base of "entire net income" in N.J.S.A. 54:10A-4(k), this court may look to the Internal Revenue Code ... and "taxable income" will be given the same meaning in N.J.S.A. 54:10A-4(k) as ascribed to those phrases in the Internal ...

docket:	03621-92
court:
decided:	1995-04-20
status:
citation:	15 N.J. Tax 14
Document Size:	41539

22 LORILLARD TOBACCO COMPANY v. DIRECTOR, DIVISION OF TAXATION -- rank: 794

... 31 N.J. Tax at 158. It was required by N.J.S.A. 54:10A-4.4(b) to 'add back' to its 'earned net income ... in the Tax Court against defendant. Count One claims that N.J.S.A. 54:10A-4.4(b) (the Add Back statute) is unconstitutional on its ... is the corporation's 'entire net income' as defined in N.J.S.A. 54:10A-4(k). This is deemed by the CBTA to be 'equal ... The CBTA defines 'intangible expenses and costs' to include royalties. N.J.S.A. 54:10A-4.4(a). Effective in July 2002, the CBTA was amended ... direct or indirect transactions with, one or more related members. [ N.J.S.A. 54:10A-4.4(b) (the Add Back statute).] There are three exceptions ... as determined by the director, that the adjustments are unreasonable . . . .' N.J.S.A. 54:10A-4.4(c)(1)(b). Thus, the add back can ...

docket:	a3444-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-21
status:	Unpublished
citation:
Document Size:	37682

23 STRYKER CORPORATION, a Michigan corporation Plaintiff, v. DIRECTOR, DIVISION OF TAXATION, Defendant. -- rank: 780

... of the taxpayer’s entire net income (as defined in N.J.S.A. 54:10A-4(b)) subject to taxation is determined by multiplying entire net ...

docket:	04852-96
court:
decided:	1999-08-16
status:
citation:	18 N.J. Tax 270
Document Size:	86647

24 RIVER SYSTEMS, INC. v. STATE , DEPARTMENT TREASURY, DIVISION OF TAXATION -- rank: 778

... product lines. Each company is a subchapter S corporation ( see N.J.S.A. 54:10A-4(p)), but has elected to be treated as a C ...

docket:	05627-99
court:
decided:	2001-12-21
status:
citation:
Document Size:	61005

25 CHIRON CORPORATION v. DIRECTOR, DIVISION OF TAXATION, -- rank: 775

... two amounts so determined constitutes entire net income (defined in N.J.S.A. 54:10A-4) used to calculate CBT liability under N.J.S.A ...

docket:	00120-99
court:
decided:	2004-11-19
status:
citation:	21 N.J. Tax 528
Document Size:	71168

26 CLOROX PRODUCTS MANUFACTURING COMPANY v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 773

... 54:10A-1 to -41 (hereinafter the “Act”), specifically N.J.S.A. 54:10A-4(k)(2)(F)) and N.J.A.C. 18:7-5.2. Pursuant to N.J.S.A. 54:10A-4(k)(2)(F)(i), "the director shall promulgate rules and ... in which the remaining life of property shall be reported ." N.J.S.A. 54:10A-4(k)(2)(F)(i) (emphasis added). The annotations to N ... 11 (citations omitted).) Clorox contends that the Director incorrectly applied N.J.S.A. 54:10A-4(k)(2)(F)(i) and N.J.A.C. 18 ... straight-line method for its New Jersey CBT Returns. See N.J.S.A . 54:10A-4(k)(2)(F)(i). Effective July 7, 1993, New Jersey ... starting point to determine a corporation's entire net income, N.J.S.A. 54:10A-4(k), ERTA's allowance of safe-harbor leases and ...

docket:	07867-04
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decided:	2006-11-29
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citation:
Document Size:	53205

27 Squibs -- rank: 770

... TAXATION - NEW JERSEY TRANSITIONAL ENERGY FACILITY ASSESSMENT ADD-BACK PROVISION - N.J.S.A. 54:10A-4.1 – INTERPLAY BETWEEN N.J.S.A. 54:10A-4.1 AND THE CORPORATE BUSINESS TAX ADD- BACK PROVISION N.J.S.A. 54:10A-4(K)(2)(C) THROUGH ITS INCORPORATION Tax Court; Rockland Electric ... the taxable year within which it is paid or accrued. N.J.S.A. 54:10A-4.1. (15 Pages) LOCAL PROPERTY TAX Tax Court: Gamma-Upsilon ...

docket:	k
court:	NJ Tax Court
decided:	2018-12-14
status:	Published
citation:
Document Size:	29705

28 E.S.S. Co. v. Director, New Jersey Division of Taxation -- rank: 762

... measure the CBT. N.J.S.A. 54:10A-5. N.J.S.A. 54:10A-4(k) details the computation of the entire net income. N ...

docket:	007589-16
court:	NJ Tax Court
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	46186

29 /usr/local/share/www/libweb/collections/courts/tax/11330-15.opn.html -- rank: 757

... profit gained through a sale or conversion of capital assets. [ N.J.S.A. 54:10A-4(k).] This broad definition of entire net income is limited ... Department for the purpose of computing its federal income tax . . . . [ N.J.S.A. 54:10A-4(k).] This provision of the statute couples entire net income ... to federal tax statutes that define federal taxable income. See N.J.S.A. 54:10A-4(k)(2)(A) through (J). Those exclusions are not relevant ... the entity’s entire net income by an allocation fraction. N.J.S.A. 54:10A-4(b). The purpose of the allocation fraction is to limit ... prior to the enactment of ERTA. Id. at 225 (quoting N.J.S.A. 54:10A-4(k)(2)(F)(i) and (ii)). The statute establishing the ... the provisions with respect to depreciation as set forth [in N.J.S.A. 54:10A-4(k)(2)(F)(i) and (ii)] shall be taken ...

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court:	NJ Superior Court Law/Chancery Division
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status:
citation:
Document Size:	70641

30 Canon Financial Services, Inc. v. Director, Division of Taxation -- rank: 757

... upon its Entire Net Income (ENI) which is defined in N.J.S.A. 54:10A-4(k) as its “taxable income, before net operating loss ... ENI unless excepted by one of five specifically described exceptions. N.J.S.A. 54:10A-4(k)(2)(I). As applicable here, a deduction might be ... at an “arm’s length rate of interest.” N.J.S.A. 54:10A-4(k)(2)(I) 21 Although the Director does not assert ...

docket:	hello
court:	NJ Tax Court
decided:	2018-12-05
status:	Unpublished
citation:
Document Size:	67396