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16 DAVID SIDMAN et al. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 864

... to be a simple, low rate tax on gross income, N.J.S.A. 54A:5-1, rather than on net income which is taxed under federal ...

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

17 JOYCE H. EISZNER, Plaintiff v. DIRECTOR, DIVISION OF TAXATION, -- rank: 845

... a Connecticut case which interpreted a Connecticut statute similar to N.J.S.A. 54A:5-1(c).). The taxpayer submits that these interpretations would be instructive ... from the categories of gross income listed and classified in N.J.S.A. 54A:5-1 through 54A:5-14, “to the extent that it ...

docket:	05058-98
court:
decided:	2000-01-21
status:
citation:	18 N.J. Tax 579
Document Size:	86934

18 JOHN J. MORONEY and MARY T. MORONEY v. DIRECTOR, DIVISION OF TAXATION -- rank: 842

... S.A. 54A:10-12 (the “GIT Act”), specifically N.J.S.A. 54A:5-1(c) which imposes tax on net gains from the disposition ... offset income. The Director contends, however, that, as properly interpreted, N.J.S.A. 54A:5-1(c) requires that plaintiffs’ respective bases in their rental properties ... equal to allowable depreciation were available to offset rental income. N.J.S.A. 54A:5-1(c) imposes gross income tax on “net gains or ... to which nonrecognition is allowed for federal income tax purposes. [ N.J.S.A. 54A:5-1(c).] This statute was interpreted by our Supreme Court in ... Mr. Koch. There, the Director relied on the requirement in N.J.S.A. 54A:5-1(c) that basis shall be “the adjusted basis used ... and caused a reduction in basis, and the reference in N.J.S.A. 54A:5-1(c) to federal adjusted basis required that the losses ...

docket:	05582-98
court:
decided:	2004-01-08
status:
citation:	21 N.J. Tax 220
Document Size:	38308

19 MICHAEL AND PATRICIA SCULLY v. DIRECTOR, DIVISION OF TAXATION -- rank: 832

... included in plaintiffs’ respective distributive shares of partnership income under N.J.S.A. 54A:5-1(k) and (b). Plaintiffs contend that discharge of indebtedness income ... entity.” The statutory basis for the Final Determinations was N.J.S.A. 54A:5-1, which defines the categories of income subject to New Jersey ... of partnership income.” Partnership income is determined pursuant to N.J.S.A. 54A:5-1(b), which imposes Gross Income Tax on “[n]et ... the legal principles to be applied in deciding whether, under N.J.S.A. 54A:5-1(b) and (k), plaintiffs are subject to Gross Income Tax ... be allocated to the other categories of income listed in N.J.S.A. 54A:5-1. In the present cases, there is no question that the ... separate categories of income, i.e., “dividends” pursuant to N.J.S.A. 54A:5-1(f) and “gains” pursuant to N.J.S. ...

docket:	04076-97
court:
decided:	2001-09-21
status:
citation:	19 N.J. Tax 553
Document Size:	61568

20 ESTATE OF TINA GUZZARDI v. DIRECTOR -- rank: 830

... the method of accounting allowed for federal income tax purposes. [ N.J.S.A. 54A:5-1.c.] According to plaintiff, that section permits the deduction of ... supra . In Baldwin , the court concluded that the reference in N.J.S.A. 54A:5-1.c. to "the method of accounting allowed for federal income ... income tax allowing them. Plaintiff points to the reference in N.J.S.A. 54A:5-1.c to federal income tax accounting methods as providing that ... there would be no need for the additional provisions of N.J.S.A. 54A:5-1.c. The first of these states that, "The term 'net ... would there be any need for the further provision in N.J.S.A. 54A:5-1.c which excludes reorganization exchanges from the definition of "sale ... of gross income. The provision was much like the current N.J.S.A. 54A:5-1.c. with the following, pertinent differences. First, instead of ...

docket:	07125-94
court:
decided:	1995-12-06
status:
citation:	15 N.J. Tax 395
Document Size:	68389

21 Stella A. Schaevitz Trust v. Dir, Div of Taxation -- rank: 825

... transaction. The statutory provision at issue in this case is N.J.S.A. 54A:5-1, entitled "New Jersey Gross Income Defined", and in particular N.J.S.A. 54A:5-1(c) ("§5-1(c)"). Section 5-1(c) provides ... II The initial issue presented is one of interpretation of N.J.S.A. 54A:5-1. When interpreting a statute, courts should endeavor to give effect ... Berkeley , 201 N.J. Super. 363, 368 (App. Div. 1985).] N.J.S.A. 54A:5-1 sets forth the method for determining gross income for New ... residence is not permitted under federal tax law, and because N.J.S.A. 54A:5-1(c) incorporates federal income tax concepts, it will not be ...

docket:	11952-92
court:
decided:	1995-12-14
status:
citation:	15 N.J. Tax 296
Document Size:	112806

22 JOSEPH J. MURPHY v. DIRECTOR -- rank: 818

... sixteen distinct categories of income earned during the tax year. N.J.S.A. 54A:5-1. Losses which occur in a particular tax year may be ... claims can readily be decided by the plain language of N.J.S.A. 54A:5-1 and 5-2, as well as by the overall structure ...

docket:	05608-11
court:	NJ Tax Court
decided:	2012-07-24
status:	Published
citation:
Document Size:	62764

23 STEWART M. AND DONNA J. WEINTRAUB, Plaintiff, APPROVED FOR PUBLICATION v. IN THE NEW JERSEY REPORTS DIRECTOR, DIVISION OF TAXATION, <br -- rank: 813

... “net gains or income from disposition of property” under N.J.S.A. 54A:5-1(c)? (3) If so, did the transaction generating the net ... New Jersey gross income, defined to consist of fourteen categories. N.J.S.A. 54A:5-1.” Smith v. Director, Div. of Taxation , 108 N.J ... and (2) income from the distributive share of partnership income. N.J.S.A. 54A:5-1 provides, in relevant part, that: New Jersey gross income shall ... as a net gain from the disposition of property under N.J.S.A. 54A:5-1(c). The judge recognized the “disparate treatment” of DOI ... Act as net gain from disposition of property pursuant to N.J.S.A. 54A:5-1(c). The judge further held in favor of the Director� ... taxable income for New Jersey Gross Income Tax purposes under N.J.S.A. 54A:5-1(c). The Director submits that this income was passed ...

docket:	04256-97
court:
decided:	2000-06-19
status:
citation:	19 N.J. Tax 65
Document Size:	95745

24 EMILIA A. ACIU v. DIRECTOR -- rank: 806

... the Code's substantive concepts of gain and loss if N.J.S.A. 54A:5-1.c is to be workable at all. Clearly, however, the Legislature did not intend to incorporate through N.J.S.A. 54A:5-1.c all the substantive provisions of the Code relating to ...

docket:	20999-10
court:	NJ Tax Court
decided:	2012-10-09
status:	Published
citation:
Document Size:	48268

25 ANTHONY Y. KITE v. DIRECTOR, DIVISION OF TAXATION -- rank: 801

... taxable income because it was a 'prize or award' under N.J.S.A. 54A:5-1(l). 5 A-3349-15T3 As a result of the ... recovered from the qui tam action constituted an 'award' under N.J.S.A. 54A:5-1(l) and therefore was properly included as taxable gross income ... of a 'prize or award' 7 A-3349-15T3 under N.J.S.A. 54A:5-1(l), and therefore does not constitute taxable gross income. He ... because it is neither a 'prize' nor an 'award' under N.J.S.A. 54A:5-1(l). We disagree. In interpreting a statute, 'we must identify ... Montclair State Univ., 159 N.J. 418, 426-27 (1999)). N.J.S.A. 54A:5-1 defines New Jersey gross income and identifies various categories of ... income, which include '[a]mounts received as prizes and awards.' N.J.S.A. 54A:5-1(l). Here, Judge DeAlmeida correctly determined that the term ' ...

docket:	a3349-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-08
status:	published
citation:	453 N.J.Super. 146 180 A.3d 725
Document Size:	53253

26 ERNEST H. and JEANNE B. SUTKOWSKI v. DIRECTOR -- rank: 799

... the extent of accumulated or current earnings and profits under N.J.S.A. 54A:5-1(f), so that corporate distributions were included in the denominator ... in his brief, states that he could have reasonably interpreted N.J.S.A. 54A:5-1(f) to provide that as a matter of law, no ... fraction as dividend income in New Jersey, by reason of N.J.S.A. 54A:5-1(f), is a consequence of the New Jersey Legislature's ...

docket:	08632-94
court:
decided:	1996-12-20
status:
citation:	16 N.J. Tax 231
Document Size:	39741

27 SYLVESTER and YONGJIE TUOHY, v. DIRECTOR, DIVISION OF TAXATION, -- rank: 796

... alimony is income to Mr. Tuohy’s former spouse under N.J.S.A. 54A:5-1, it cannot also be income to plaintiffs. Finally, plaintiffs urge ... on gross income. N.J.S.A. 54A:2-1. N.J.S.A. 54A:5-1 designates the categories of income included in New Jersey gross income. N.J.S.A. 54A:5-1(a) lists “[s]alaries, wages, tips, fees, commissions, bonuses ... received for services rendered” as a category of taxable income. N.J.S.A. 54A:5- 1(c) includes net gains or income from disposition of property. N.J.S.A. 54A:5-1(f) denotes dividends as a category of income. In the ... argue that the inclusion of dividends as taxable income under N.J.S.A. 54A:5-1(f) is unfair given that the dividends are already ...

docket:	13607-18
court:	NJ Tax Court
decided:	2022-03-01
status:	Published
citation:
Document Size:	39773

28 /usr/local/share/www/libweb/collections/courts/tax/08253-13.opn.html -- rank: 784

... income earned, regardless of the source of the income. See N.J.S.A. 54A:5-1. In order to minimize or avoid double taxation of New ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	44756

29 /usr/local/share/www/libweb/collections/courts/appellate/a0252-18.opn.html -- rank: 779

... reduce to even zero any 'distributive share of partnership income,' N.J.S.A. 54A:5-1(k), that would otherwise be taxable, even though he or ...

docket:
court:
decided:
status:
citation:
Document Size:	49317

30 Daniel and Adelaide Schiff v. Dir, Div of Taxation -- rank: 769

... statute relevant to the disposition of the substantive issue is N.J.S.A. 54A:5-1(c), which provides: [N]et gains or net income, less ... use of the federal income tax basis in accordance with N.J.S.A. 54A:5-1(c), must be resolved in defendant's favor. This court ... intercategory gains and losses, is irrelevant to the application of N.J.S.A. 54A:5-1(c), which mandates the use of federal income tax basis ... disposition of plaintiff's partnership interests, he remains liable under N.J.S.A. 54A:5-1(c) for his distributive share of the capital gain realized ... exchange or other disposition of property within the meaning of N.J.S.A. 54A:5-1(c) (deemed distributions in this case would qualify for capital ... indicated in this opinion), or as partnership distributions cognizable under N.J.S.A. 54A:5-1(k), which includes a partner's distributive share of ...

docket:	00625-94
court:
decided:	1995-10-31
status:
citation:	15 N.J. Tax 370
Document Size:	91913