Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/tax/15083-14.opn.html -- rank: 1000

... business corporation as defined in the Corporation Business Tax Act. [ N.J.S.A.  54:10A-4(f) .] The Act also granted the Division a statutory right ... that mirrored the list of permitted investments set forth in N.J.S.A.  54:10A-4(f) . Further, in N.J.A.C. 18:7-1 ... thereby narrowing the statutory definition of “investment company” under N.J.S.A. 54:10A-4(f). 38 N.J.R. 3183 (a) (August 7, 2006 ... narrow the definition of “investment company” set forth by N.J.S.A. 54:10A-4(f) by means of a regulation. Furthermore, plaintiff asserts that ... 7-1.15(b)(9) contravenes the legislative intent behind N.J.S.A. 54:10A-4(f) and -5(d) and the generally accepted meaning of ... 7-1.15(b)(9) supports the legislative intent behind N.J.S.A. 54:10A-4(f) and 5(d). New Jersey case law allows ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100921

2 Richard's Auto City, Inc. v. Dir, Div of Taxation -- rank: 968

... s regulation is in conflict with the enabling legislation in N.J.S.A. 54:10A-4(k)(6) with respect to net-operating-loss carryovers, and ... making this assertion, plaintiff relies upon the plain language of N.J.S.A. 54:10A-4(k)(6) (hereinafter §4(k)(6)) and its legislative ... directs, to "any taxable year ending after June 30, 1984." N.J.S.A. 54:10A-4(k)6(B). I . The CBT act, enacted in 1945 ... or period other than that covered by the [tax return]." N.J.S.A. 54:10A-4(k)(2)(D) (deleted by L. 1985, c. 143). The ... effective April 22, 1985. In relevant part, the 1985 amendment, N.J.S.A. 54:10A-4(k)(6) provides as follows: (A) Net operating loss deduction ... irector may disallow the carryover. Shortly after the Legislature enacted N.J.S.A. 54:10A-4(k)(6), the Director proposed and then adopted, effective ...

docket:	02933-90
court:
decided:	1992-11-25
status:
citation:	12 N.J. Tax 619
Document Size:	110326

3 SpringLicensing Group, Inc. v. Director, Division of Taxation -- rank: 968

... returns. Plaintiff argues that the add-back was authorized by N.J.S.A. 54:10A-4.4 and was effectively a capture of, and a tax ... to tax it (limited only by federal constitutional limits). Although N.J.S.A. 54:10A-4.4 was enacted to prevent tax avoidance from income shifting ... e. , an intangible expense (here, royalty payments), are addressed by N.J.S.A. 54:10A-4.4 (at the payor level) and/or N.J.S ... “add back otherwise deductible . . . intangible expenses and costs.” N.J.S.A. 54:10A-4.4(b). 1 Exceptions to the add-back were provided under certain circumstances. N.J.S.A. 54:10A-4.4(c). Springs then filed a 2002 CBT return marked ... because they are capable of” inter-corporate structuring). 8 Thus, N.J.S.A. 54:10A-4.4(b) presumptively denies a deduction of “otherwise ...

docket:	10001-10
court:	New Jersey Tax Court
decided:	0000-00-00
status:
citation:
Document Size:	58777

4 Daimler Investments US Corporation v. Director, Division of Taxation -- rank: 957

... parties’ cross-motions for summary judgment. At issue is whether N.J.S.A. 54:10A-4 (k) (2) (C), requires the add-back of taxes attributable ... the reasons explained more fully below, the court concludes that N.J.S.A. 54:10A-4 (k) (2) (C) is independent of the filing and payment ... and not to the payer of the tax. As such, N.J.S.A. 54:10A-4 (k) (2) (C) requires the add-back of all taxes ... New Jersey permits combined reporting for tax year 2019. See N.J.S.A. 54:10A-4.8 (2018). 4 2007 7 , Parent entered into a tax ... Taxpayer contends that the plain language of the controlling statute, N.J.S.A. 54:10A-4 (k) (2) (C), applies only to the payer of the ... that Parent is the entity that is subject to the N.J.S.A. 54:10A-4 (k) (2) (C) add back. Also since the taxes ...

docket:	008165-16
court:	NJ Tax Court
decided:	2019-01-31
status:	Unpublished
citation:
Document Size:	50345

5 /usr/local/share/www/libweb/collections/courts/tax/12945-11.opn.html -- rank: 955

... profit gained through a sale or conversion of capital assets. [ N.J.S.A. 54:10A-4, 54:10E-4 (repealed 2002).] And, the tax calculated under ... net income for the purpose of computing federal income tax. N.J.S.A. 54:10A-4(k). This net income computation section of the CBT makes ... be reported as it is for federal income tax purposes. N.J.S.A. 54:10A-4(k). A proper allocation would not occur if a traditional ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	209708

6 UNB INVESTMENT COMPANY, INC., Plaintiff, Approved for Publication In the New Jersey Tax Court Reports v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 955

... A. 54:10A-1 to - 41 (“CBT Act”). See N.J.S.A. 54:10A-4(l), defining real estate investment trust as “any corporation ... excluded the dividend from its entire net income pursuant to N.J.S.A. 54:10A-4(k)(5) (“Section 4(k)(5)”), which provides ... taxable income, before net operating loss deduction and special deductions. N.J.S.A. 54:10A-4(k). The Tax Court rejected the Director’s contention that ... providing its own inclusions and exclusions from the tax base. N.J.S.A. 54:10A-4(k). Only at the initial point is it indicated that ... the CBT Act by L. 1972, c. 89, which amended N.J.S.A. 54:10A-4 to add paragraph (l) (“Section 4(l)”), defining ...

docket:	04760-03
court:
decided:	2004-05-12
status:
citation:	21 N.J. Tax 354
Document Size:	61589

7 /usr/local/share/www/libweb/collections/courts/tax/00403-12.opn.html -- rank: 952

... from being added back to the subsidiary’s income under N.J.S.A. 54:10A-4.4(b). Plaintiff contends that the addback provisions do not ... an intangible expense/cost for purposes of addback provisions of N.J.S.A. 54:10A-4.4. However, the court finds that payments are excepted from ... denying a deduction for such payments is “unreasonable” under N.J.S.A. 54:10A-4.4(c)(1). The court’s finding on this issue ... 1) qualify as intangible costs and expenses for purposes of N.J.S.A. 54:10A-4.4(b); and (2) if so, whether they qualify for ... general rule.” Statement to Assembly No. 2501, supra . Thus, N.J.S.A. 54:10A-4.4(b) presumptively denies a deduction of certain “otherwise ... direct or indirect transactions with, one or more related members. [N.J.S.A. 54:10A-4.4(b).] N.J.S.A. 54:10A-4. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	99646

8 FIFTH THIRD EQUIPMENT FINANCE COMPANY, v. DIRECTOR, DIVISION OF TAXATION, -- rank: 920

... operating losses (NOL) from tax years 1999-2002 pursuant to N.J.S.A. 54:10A-4(k)(6)(E) (hereinafter Subparagraph E). This statute disallowed a ... light of the entire NOL carryover scheme set forth in N.J.S.A. 54:10A-4(k)(6), Taxation is correct that Subparagraph E does not ... in-time sequence of using an NOL carryover specified in N.J.S.A. 54:10A-4(k)(6)(B) for purposes of applying Subparagraph E; (c ... the entire net income (ENI) earned in those successive years. N.J.S.A. 54:10A-4(k)(6)(A) (“there shall be allowed as a ... is seven years “following the period of loss.” N.J.S.A. 54:10A-4(k)(6)(B). There can be no carryover in the ... ENI over the seven-year period is set forth in N.J.S.A. 54:10A-4(k)(6)(B). The “entire amount” of the ...

docket:	13380-18
court:	NJ Tax Court
decided:	2021-02-23
status:	Published
citation:
Document Size:	75885

9 SVETOZAR BELJAKOVIC v. DIRECTOR -- rank: 918

... in computing its entire net income, but as required by N.J.S.A. 54:10A-4, it added back these taxes. A-Tech did not seek ...

docket:	04551-10
court:	NJ Tax Court
decided:	2012-08-01
status:	Published
citation:
Document Size:	104998

10 UNITED PARCEL SERVICE GENERAL SERVICES CO. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 907

... 10(a)5 permit the Director to impute interest, and N.J.S.A. 54:10A-4(k)(2)(E), as in effect during the years 1991 ...

docket:	07845-04
court:
decided:	2009-06-05
status:
citation:
Document Size:	163074

11 R.O.P. AVIATION, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 894

... s federal corporate income tax returns, with certain specified exceptions. N.J.S.A. 54:10A-4(k). The 7 “excess of allowable deductions over gross ... J.A.C. 18:7-5.15(a). See also N.J.S.A. 54:10A- 4(k)(6)(C) (NOL defined as “the excess of ... be reduced or fully absorbed by a carried forward NOL. N.J.S.A. 54:10A-4(k)(6)(A) (“there shall be allowed as a ... permitted to be carried forward to successive future tax years. N.J.S.A. 54:10A-4(k)(6)(B). The carry forward period is seven years ... 31, 2019 is permitted a carry forward for 20 years. N.J.S.A. 54:10A-4(v)(1). 8 Under the SUTPL, Taxation “shall . . . examine ... revision to, the amount of an NOL carryover. For instance, N.J.S.A. 54:10A-4(k)(6)(F) authorizes a reduction of an NOL ...

docket:	1323-18
court:	NJ Tax Court
decided:	2021-05-27
status:	Published
citation:
Document Size:	52044

12 /usr/local/share/www/libweb/collections/courts/tax/00028-14opn.opn.html -- rank: 870

... limitations bars the 2005-2006 assessments, but argues that, under N.J.S.A. 54-10A-4(h), 5(h), and -15.11, it is permitted to ... to tax. During oral argument, the Division maintained that under N.J.S.A. 54:10A-4(h), -5(h), and -15.11 it was allowed to ... that is listed on a United States national stock exchange. [N.J.S.A. 54:10A-4(h).] (g) Provided however, that for privilege periods beginning on ... the Division makes several arguments. First, it argues that because N.J.S.A. 54:10A-4(h) and -5(h) refer to a partnership as â ... chartered building and loan association or savings and loan association. [N.J.S.A. 54:10A-4(c).] Notably, partnerships are not included in this definition. The ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36781

13 CHEMICAL NEW JERSEY HOLDINGS, INC. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 846

... business tax (“CBT”) return as an investment company. See N.J.S.A. 54:10A-4(f), a provision of the Corporation Business Tax Act, N ... been taxed as a financial business corporation as defined in N.J.S.A. 54:10A-4(m). In Chemical New Jersey Holdings, Inc. v. Director, Division ... tax years 1992 and 1993, then, under the provisions of N.J.S.A. 54:10A-4(k)(2)(E)(iii) as in effect for those years ... c. 418), plaintiff’s entire net income as defined in N.J.S.A. 54:10A-4(f) would have been a negative amount, and plaintiff would ... capital coming into competition with the business of national banks; . . . . [ N.J.S.A. 54:10A-4(m).] By regulation, the Director has provided the following definition ... t]he ‘business of national banks’ as used in N.J.S.A. 54:10A-4(m) . . . means the business of the bank itself and ...

docket:	00213-01_1
court:	New Jersey Tax Court
decided:	2006-07-31
status:
citation:
Document Size:	40912

14 LORILLARD TOBACCO COMPANY v. DIRECTOR, DIVISION OF TAXATION -- rank: 839

... when it had initially added back the royalty payments under N.J.S.A. 54:10A-4.4(b). Defendant argues that its regulation, N.J.A ... of income shifting/exporting machinations, which caused the enactment of N.J.S.A. 54:10A-4.4(b), are allayed. That the subsidiary’s New Jersey ... Parent filed CBT returns in New Jersey. As required by N.J.S.A. 54:10A-4(k), it reported its federal taxable income (Line 28 of ... New Jersey ENI, was net of these deductions. Pursuant to N.J.S.A. 54:10A-4.4(b), which requires an addback of royalties paid by ... to produce an equitable level of taxation.” Ibid. Accordingly, N.J.S.A. 54:10A-4.4(a) initially defines “intangible expenses” as including â ... direct or indirect transactions with, one or more related members. [N.J.S.A. 54:10A-4.4(b).] (hereinafter “Royalty Addback statute”). However, the ...

docket:	08305-07
court:	NJ Tax Court
decided:	2019-02-27
status:	Published
citation:
Document Size:	49282

15 /usr/local/share/www/libweb/collections/courts/tax/10921-13.opn.html -- rank: 839

... have to analyze the definition of an investment company in N.J.S.A. 54:10A-4(f) vis-à-vis Taxation’s regulations interpreting the same ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	134786