Search Rutgers Law Library N.J. Court Opinions

31 HARLAN W. WAKSAL and CAROL WAKSAL v. DIRECTOR, DIVISION OF TAXATION -- rank: 769

... is "a sale, exchange or other disposition of property" under N.J.S.A. 54A:5-1(c), and, as a result, they are allowed to report ... the "sale, exchange or other disposition of property," pursuant to N.J.S.A. 54A:5-1(c). After using the loss to offset capital gains, they ... from the sale, exchange, or other disposition of property" under N.J.S.A. 54A:5-1(c). (Internal quotation marks omitted). He indicated that "net gains ... income from disposition of property" is considered taxable income under N.J.S.A. 54A:5-1(c), which provides in part that New Jersey gross income ... contend that the decision of the judge conflicts with both N.J.S.A. 54A:5-1(c) and "the Supreme Court's clear direction to apply ... of "sale, exchange or other disposition of property" found in N.J.S.A. 54A:5-1(c).'" Id. at 182-83 (quoting Vinnik v. Dir., ...

docket:	a6062-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-31
status:	unpublished
citation:
Document Size:	25209

32 ISRAEL L. TISCHLER v. DIRECTOR -- rank: 762

... one of the prescribed categories of gross income pursuant to N.J.S.A. 54A:5-1. N.J.S.A. 54A:5-1(c) states that "net gains or income from disposition of ... federal income tax concepts, it did so explicitly. For example, N.J.S.A. 54A:5-1(b) provides that net profits from business be determined in ... with the method of accounting allowed for federal tax purposes." N.J.S.A. 54A:5-1(c) provides that "[t]he term 'net gains or net ... that the phrase "method of accounting" as it exists in N.J.S.A. 54A:5-1(c) was "strictly an accounting concept and that the Legislature ... 284. The court ruled to the contrary and stated that " N.J.S.A. 54A:5-1(c) was enacted with federal tax concepts in mind, ...

docket:	00616-97
court:
decided:	1998-01-20
status:
citation:	17 N.J. Tax 283
Document Size:	64805

33 ERNEST H. & JEANNE B. SUTKOWSKI VS DIRECTOR, DIVISION OF TAXATION -- rank: 753

... taxes gross income which is defined in the GIT Act. N.J.S.A. 54A:5-1. Prior to 1993, New Jersey did not recognize S corporations ...

docket:	a3725-96
court:	njappellate
decided:	1998-06-15
status:	published
citation:	<a href=
Document Size:	43481

34 Koch v. Director, Division of Taxation -- rank: 753

... adjusted basis" be used for administrative convenience and simplicity. A.      N.J.S.A. 54A:5-1 provides that New Jersey gross income shall consist of fourteen ...

docket:	a-135-97
court:	njsupreme
decided:	1999-01-14
status:
citation:	157 N.J. 1
Document Size:	44447

35 DANIEL SCHULMANN v. DIRECTOR, DIVISION OF TAXATION -- rank: 740

... The types of income subject to tax are categorized in N.J.S.A. 54A:5-1. These categories of income are taxed either on a net ... through S corporation income is taxed on a net basis. N.J.S.A. 54A:5-1(p). GIT is imposed upon a shareholder’s pro-rata ... argues that, alternatively, he should be allowed a deduction under N.J.S.A. 54A:5-1(b) (which taxes the category “net income from the ... income from the karate schools is purely “business” income, N.J.S.A. 54A:5-1(b), which taxes income on a “net” basis, permits ... types of losses”). Here, this means business losses categorized in N.J.S.A. 54A:5-1(b) (the statute Schulmann is relying upon as authority for ... pro-rata share of S corporation income taxable under category N.J.S.A. 54A:5-1(p). Moreover, Schulmann never reported any income/loss under ...

docket:	07221-05
court:
decided:	2010-11-09
status:
citation:
Document Size:	60801

36 SHORE BUILDING CONTRACTORS v. DIRECTOR, DIVISION OF TAXATION -- rank: 736

... 157 distribution he received from Shore Building that year. Citing N.J.S.A. 54A:5-1(f), the Division stated that profits distributed from a New ... taxable income for GIT purposes, while dividends are taxable income. N.J.S.A. 54A:5-1(f). The second question is relevant to Shore Building's ...

docket:	02298-12
court:	NJ Tax Court
decided:	2019-10-03
status:	Unpublished
citation:
Document Size:	47799

37 GEORGE K. MILLER, JR., et al. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 736

... Act imposes taxes on distinct and separate categories of income. N.J.S.A. 54A:5-1. Since income is taxed on a category-by- category basis ...

docket:	A0658-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-17
status:	published
citation:	352 N.J. Super. 98 799 A.2d 660
Document Size:	22331

38 MICHAEL & HELEN KAPLAN v. DIRECTOR, DIVISION OF TAXATION, -- rank: 728

... income reported as net rental income was taxable pursuant to N.J.S.A. 54A:5-1(d), which defines as one of the sixteen discrete categories ... recategorizing as “distributive share[s] of partnership income” under N.J.S.A. 54A:5-1(k), the income from real estate investments that plaintiffs had reported as net rental income under N.J.S.A. 54A:5-1(d); (2) continuing to treat the losses attributable to the two Georgia properties as reportable under N.J.S.A. 54A:5-1(d); and (3) disallowing the offset of the Georgia losses ... d)) as opposed to the distribution of partnership income category ( N.J.S.A. 54A:5-1(k)). The accountant testified that the initial non-partnership reporting ...

docket:	00032-06
court:
decided:	2008-01-08
status:
citation:
Document Size:	48003

39 MCICommunication Services, Inc. v. Director, Division of Taxation -- rank: 714

... The Court’s reasoning was based on its interpretation of N.J.S.A. 54A:5-1(c), defining net gains for NJGIT purposes, and the concept ... The Supreme Court found that with respect to income under N.J.S.A. 54A:5-1(c), “the Legislature intended to tax only income and ... NJGIT. In doing so, the court noted, “[b]ecause N.J.S.A. 54A:5-1(c) imposes a tax on net gain from the sale ...

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

40 SIDNEY and DOROTHY KOCH v. DIRECTOR -- rank: 665

... income from the disposition of property within the purview of N.J.S.A. 54A:5-1(c); (2) whether plaintiff's basis in his partnership interest ... income from the disposition of property within the purview of N.J.S.A. 54A:5-1(c). The facts have been fully stipulated pursuant to R ... as a net gain from the disposition of property under N.J.S.A. 54A:5-1(c). As different tax treatment has been historically accorded discharge ... income from the disposition of property, within the purview of N.J.S.A 54A:5-1(c), is to ascertain plaintiff's basis in his partnership ... income from the disposition of property within the purview of N.J.S.A. 54A:5-1(c), and the fact that a portion of such income ... the sale, exchange or other disposition of property, pursuant to N.J.S.A. 54A:5-1(c), or, if it is viewed as a distribution, ...

docket:	03892-94
court:
decided:	1995-10-31
status:
citation:	15 N.J. Tax 387
Document Size:	33674

41 CHARLES A. & DELORES C. SABINO VS DIR., DIV. OF TAXATION -- rank: 653

... to have `genuine' disagreement regarding [t]axpayers' reporting responsibilities under N.J.S.A. 54A:5-1 [ et seq. ] and the Director's regulations . . . as to the ...

docket:	a4137-94
court:	njappellate
decided:	1996-12-27
status:	published
citation:	295 N.J.Super. 269
Document Size:	28314

42 Joseph and Theresa Laurite v. Dir, Div of Taxation -- rank: 629

... of non-resident S corporation distributions to New Jersey shareholders. N.J.S.A . 54A:5-1(f) provides, however, that New Jersey gross income includes "dividends ... shareholder in the same manner as dividends from C corporations. N.J.S.A . 54A:5-1(f). The Gross Income Tax Act provides New Jersey residents ... in the New Jersey resident's gross income pursuant to N.J.S.A . 54A:5-1(f) or returns of capital from the shareholder's investment ... calculation of the credit for taxes paid to other jurisdictions [ N.J.S.A . 54A:5-1(f)(2)]. 2 In the 1991 modified policy, the Division ...

docket:	05163-91
court:
decided:	1992-06-30
status:
citation:	12 N.J. Tax 483
Document Size:	47922

43 Antonio Manente v. Director, Division of Taxation -- rank: 617

... a New Jersey resident is taxed on 100% of income. N.J.S.A. 54A:5-1; Guzzardi, Estate of, v. Dir., Div. of Taxation, 15 N ... be included to determine an individual’s taxable gross income. N.J.S.A. 54A:5-1. The first enumerated category of income included in New Jersey ... of P.L.1997, c.414 (C.54A:6-27). [N.J.S.A. 54A:5-1(a).] According to plaintiff since the Legislature did not define ... income and claiming a refund for 5 According to defendant, N.J.S.A. 54A:5-1(a) can only be interpreted to mean that the Legislature ... refund as “nonrecognition,” however, nonrecognition relates to sales. N.J.S.A. 54A:5-1(c) (“The term ‘net gains or net incomeâ ...

docket:	010919-18
court:	NJ Tax Court
decided:	2020-03-16
status:	Unpublished
citation:
Document Size:	22503

44 NICHOLAS L. DEPACE, M.D., v. DIRECTOR, DIVISION OF TAXATION, -- rank: 615

... of awards has remained the same since the Act passed. N.J.S.A. 54A:5-1. The Act not only funded the public schools, but also ...

docket:	13396-19
court:	NJ Tax Court
decided:	2020-12-21
status:	Published
citation:
Document Size:	31687

45 /usr/local/share/www/libweb/collections/courts/appellate/squibs_2017.opn.html -- rank: 598

... award” subject to New Jersey gross income tax pursuant to N.J.S.A. 54A:5-1(l). In addition, the court upheld the Director’s determination ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	41949