Search Rutgers Law Library N.J. Court Opinions

31 ROSS FOGG FUEL OIL CO. v. DIRECTOR, DIVISION OF TAXATION -- rank: 749

... taxpayer, were required to add-back their CBT taxes. See N.J.S.A. 54:10A-4(k) (amended 1993). This meant that New Jersey corporations conducting ... the Legislature, in an effort to correct this inequity, amended N.J.S.A. 54:10A-4(k)(2)(C) to expand the tax add-back provision ... or business activity, or the tax imposed by this act… [ N.J.S.A. 54:10A-4(k)(2)(C).] The issue in the present matter is ... kept to maintain consistency. As such, this court holds that N.J.S.A. 54:10A-4(k)(2)(C) requires that the add-back of taxes ... the CBT. The PGRT Because this court has found that N.J.S.A. 54:10A-4(k)(2)(C) does not require the add-back of ... activity” then it is not subject to an add-back. N.J.S.A. 54:10A-4(k)(2)(C). Whether a tax qualifies as one ...

docket:	06544-03
court:
decided:	2005-06-07
status:
citation:
Document Size:	39467

32 CONTINENTAL GYPSUM CO., Plaintiff v. DIRECTOR, DIVISION <br -- rank: 744

... exclude “safe harbor leased” property from the allocation formula. N.J.S.A. 54:10A-4(k), L. 1982, c. 50, § 1. The Director determined ...

docket:	02150-99
court:
decided:	2000-11-01
status:
citation:	19 N.J. Tax 221
Document Size:	107311

33 MCICommunication Services, Inc. v. Director, Division of Taxation -- rank: 736

... Department for the purpose of computing its federal income tax . . . [ N.J.S.A. 54:10A-4(k)] Thereafter various deductions and additions as are specified by ... are permitted or required as the case may be. See , N.J.S.A. 54:10A-4(k)(2)(A) through (J) and N.J.S.A. 54:10A-4.1 through 4.5. 2. Federal Taxable Income and Entire ... court is not permitted to ignore the unequivocal provisions of N.J.S.A. 54:10A-4(k) linking entire net income to federal taxable income with ... the definition of Entire Net Income as set forth in N.J.S.A. 54:10A-4(k) includes the effect of the reduction in tax attributes ... loss deduction is calculated independently of the Federal tax attributes. ( N.J.S.A. 54:10A-4(k)(6)), and at the present time there is ...

docket:	13905-10
court:	New Jersey Tax Court
decided:	0000-00-00
status:
citation:
Document Size:	58652

34 A. H. ROBINS COMPANY, INC., Plaintiff v. DIRECTOR, DIVISION OF TAXATION, -- rank: 722

... Taxation , 140 N.J . 523 (1995), rejected the contention that N.J.S.A. 54:10A-4(k)(6) permits plaintiff to utilize the net operating losses ... should be invalid. New Robins contends that Part (A) of N.J.S.A. 54:10A-4(k)(6) allows NOL to be deducted against a taxpayer� ... years following the year of the loss. New Robins cites N.J.S.A. 54:10A-4(k)(6)(D) for the proposition that the New Jersey ... Taxation , 107 N.J. 307, 321-22 (1987). Nowhere in N.J.S.A. 54:10A-4(k)(6) does it state that NOL may be utilized ... judgment, dismissing the complaint. Second, in order to effectively implement N.J.S.A. 54:10A-4(k)(6), the Director promulgated regulations, N.J.A.C ... the limitation on the carryover of NOL set forth in N.J.S.A. 54:10A-4(k)(6)(D) (which provides that NOL may not ...

docket:	05682-95
court:
decided:	2002-02-21
status:
citation:	20 N.J. Tax 338
Document Size:	77857

35 BIS LP, Inc v. DIRECTOR -- rank: 720

... to be taxed as an “Investment Company” pursuant to N.J.S.A. 54:10A-4(f). In 2003, BIS’ sole interest in New Jersey was ... of its entire net worth …. [ Ibid. ] The Act at N.J.S.A. 54:10A-4(f) defines investment company as: [A]ny corporation whose business ... 7-1.15(b), she merely clarified her interpretation of N.J.S.A. 54:10A-4(f) and did not change her preexisting interpretation of that ...

docket:	07847-07
court:
decided:	2009-07-30
status:
citation:
Document Size:	67967

36 Colonial Trust III et al. v. Director, Division of Taxation -- rank: 707

... ownership is evidenced by a certificate of interest or ownership.... " N.J.S.A. 54:10A-4(c). The term "Regulated Investment Company" is defined in the ... under the Investment Company Act of 1940 ( 54 Stat. 789 )...." N.J.S.A. 54:10A-4(g). The Fund is a Regulated Investment Company under the ...

docket:	09777-93
court:
decided:	1997-02-21
status:
citation:	16 N.J. Tax 385
Document Size:	120838

37 BRACHA EXPORT CORPORATION v. DIRECTOR, DIVISION OF TAXATION -- rank: 707

... 134 N.J. Super. 550 , 554 (App. Div. 1975) (citing N.J.S.A. 54:10A-4 and N.J.S.A. 54:10A-5). N.J ...

docket:	a1638-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-20
status:	unpublished
citation:
Document Size:	40543

38 A.H. ROBINS COMPANY, INC., v. DIRECTOR, DIVISION OF TAXATION -- rank: 704

... the remand, the Tax Court found that the adoption of N.J.S.A. 54:10A-4.5, as part of the BTRA, "merely codifies that which ... original order by additionally holding that, because the new statute, N.J.S.A. 54:10A-4.5, merely "restates existing law," and "is not retroactive," its ... of Robins I which suffered the NOLs. Generally stated, under N.J.S.A. 54:10A-4.5, there can be no doubt of that fact. See ... developed, the "BTRA" added a new provision to the CBTA, N.J.S.A. 54:10A-4.5 and its application to the order under review in ... governing statute, See footnote 8 ����The CBTA, as amended by N.J.S.A. 54:10A-4.5 in 2002, therefore codifies the same rule that applied ... Auto City , supra , 140 N.J. at 543. ����Nor can N.J.S.A. 54:10A-4.5 be deemed special legislation in violation of art. ...

docket:	a3468-01
court:	njappellate
decided:	1989-12-15
status:	published
citation:	365 N.J.Super. 472 365 N.J. Super. 472
Document Size:	31284

39 International Thomson Business Information, Inc. v. Director, Division of Taxation -- rank: 696

... 1947 Amendment affording non-regulated investment companies special treatment under N.J.S.A. 54:10A-4(f) was enacted pursuant to the recommendations of the Second ... patents, patent rights and other securities for its own account . . . [ N.J.S.A. 54:10A-4(f).] These business activities are called "qualified investment activities" in ...

docket:	11509-91
court:
decided:	1995-01-23
status:
citation:	14 N.J. Tax 424
Document Size:	51712

40 SEVENTEEN THIRTY CORP., Plaintiff v. DIRECTOR, NEW JERSEY <br -- rank: 688

... Internal Revenue Code. In light of the specific reference in N.J.S.A. 54:10A-4(k) to the federal income tax, the decisional law under ...

docket:	03648-97
court:
decided:	1999-04-16
status:
citation:	18 N.J. Tax 168
Document Size:	92127

41 SHREE RAM INVESTMENTS INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 683

... setting forth the procedure for New Jersey S corporation election); N.J.S.A. 54:10A-4(p) (defining "New Jersey S corporation" to mean "a corporation ... pursuant to [ N.J.S.A. 54:10A-5.22]"); N.J.S.A. 54:10A-4(o) (defining "S corporation" to mean "a corporation included in ...

docket:	a0600-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-09
status:	unpublished
citation:
Document Size:	40663

42 RICHARD'S AUTO CITY, INC. V. DIR., DIV. OF TAXATION -- rank: 678

... merger to use the NOL deductions of an acquired corporation. ���� N.J.S.A. 54:10A-4 which defines "entire net income" in terms of a single ... Nothing in the language of the CBT, more specifically in N.J.S.A. 54:10A-4(k)(6), permits one taxable entity to adopt the tax ... 1985, c. 143 (effective April 22, 1985, now reflected in N.J.S.A. 54:10A-4(k)(6)). ����Auto City refers to a comment of former ... the past operating losses. The Governor stated that "the amendment [ N.J.S.A. 54:10A-4(k)(6)] to the corporation business tax act permitting a ... the further argument that the similarity of the language of N.J.S.A. 54-10A-4(k)(6)(D) and 26 U.S.C.A. ��269 ...

docket:	a-54-94
court:	njsupreme
decided:	1995-06-21
status:
citation:	140 N.J. 523
Document Size:	42614

43 DAVID SIDMAN et al. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 678

... after the transaction or to Mr. Bollag before the transaction. N.J.S.A. 54:10A-4(k); I.R.C.. §162(a)(1); Treas. Reg ...

docket:	01031-99
court:
decided:	2000-04-24
status:
citation:	18 N.J. Tax 636
Document Size:	93512

44 John C. Marrinan et al. v. Director, Division of Taxation -- rank: 670

... Gross Income Tax Act because such deduction is permitted under N.J.S.A. 54:10A-4(k)(2)(G)(6)(B), which provides that, in calculating ... the Legislature specifically provided for a loss carryover deduction in N.J.S.A. 54:10A-4(k)(2)(G)(6)(B) as part of the Corporation ... of the Gross Income Tax Act, a provision similar to N.J.S.A. 54:10A-4(k)(2)(G)(6)(B) indicates a legislative intent that ... purposes of determining net profits from business. Plaintiffs’ contention that N.J.S.A. 54:10A-4(k)(2)(G)(6)(B) provides an independent basis for ... the taxable year of the loss. 2 As discussed above, N.J.S.A. 54:10A-4(k)(2)(G)(6)(B), part of the Corporation Business ...

docket:	00761-96
court:
decided:	1997-09-04
status:
citation:	10 N.J. Tax 542
Document Size:	65417

45 KRAFT FOODS GLOBAL, INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 659

... the taxpayer is required to report . . . for federal tax purposes . . . .' N.J.S.A. 54:10A-4(k). The 'entire net income' is then subject to a list of adjustments. N.J.S.A. 54:10A-4(k)(2)(A) through (J). The provision at issue here, N.J.S.A. 54:10A-4(k)(2)(I), generally prohibits the deduction of 'interest paid ... shall be permitted' for interest paid to a related party. N.J.S.A. 54:10A- 4(k)(2)(I). Those exceptions were intended to allow 'such ... Exception; 4) The Guarantee Exception; and 5) The Unreasonable Exception. N.J.S.A. 54:10A-4(k)(2)(I). 5 A-1157-16T1 deductions in areas ... D]irector, that the disallowance of a deduction is unreasonable . . . .' N.J.S.A. 54:10A-4(k)(2)(I). The Director issued a regulation providing ...

docket:	a1157-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-17
status:	unpublished
citation:
Document Size:	39472