Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/tax/00403-12.opn.html -- rank: 1000

... 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 apply ... 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 the ... 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 would ... 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 an ... 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 deductible� ... 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-4.4( ...

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

2 SpringLicensing Group, Inc. v. Director, Division of Taxation -- rank: 1000

... 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 upon ... 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 amongst ... 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.A ... “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 deductible” ...

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

3 Daimler Investments US Corporation v. Director, Division of Taxation -- rank: 991

... N.J.S.A. 54:10A-4 (k) (2) (I); N.J.S.A. 54:10A-4.4 (b) (referring to intercompany interest payments and intangible (royalty) payments ... evidenced by the Legislative history of the statutes. In passing N.J.S.A. 54:10A-4.4, the Legislature specifically described the proposed statute as “loophole ...

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status:	Unpublished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

4 LORILLARD TOBACCO COMPANY v. DIRECTOR, DIVISION OF TAXATION -- rank: 890

... 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.C ... 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 allocation ... 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 a ... to produce an equitable level of taxation.” Ibid. Accordingly, N.J.S.A. 54:10A-4.4(a) initially defines “intangible expenses” as including “royalty ... 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 addback � ... as determined by [Taxation], that the adjustments are unreasonable . . . .” N.J.S.A. 54:10A-4.4(c)(1)(b) (hereinafter the “Royalty U-E- ...

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

5 Lorillard Tobacco Company v. Director -- rank: 861

... 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] was ... 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, to ... unreasonable,” then the addback “shall not apply.” N.J.S.A. 54:10A- 4.4(c)(1)(b). Taxation interpreted this exception by providing that ... citations and internal quotation marks omitted). Here, the addback statute N.J.S.A. 54:10A-4.4(c)(1)(b), and the corresponding regulations, N.J.A ... LTC to Taxation in violation of the implementing statute, “N.J.S.A. 54:10A-4.4(c)(1)(b)”). The parties’ agreement as to a ... N.J.A.C. 18:7-5.18(b)(4); N.J.S.A. 54:10A-4.4. Therefore, application of the 2020 version of N.J. ...

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

6 LORILLARD TOBACCO COMPANY v. DIRECTOR, DIVISION OF TAXATION -- rank: 817

... 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' royalty ... 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 face ... 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 by ... 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 to ... 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 be reduced ... income the royalties that it paid to a related entity. N.J.S.A. 54:10A-4.4(b). However, because New Jersey is a 'separate entity ...

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

7 LANCO, INC. v. DIRECTOR, Division of Taxation, -- rank: 607

... intangible property, as those terms are defined in the statute. N.J.S.A. 54:10A-4.4. (enacted as L. 2002, c. 40, § 33, effective July ...

docket:	05329-97
court:
decided:	2003-10-23
status:
citation:	21 N.J. Tax 200
Document Size:	66048

8 Burlington Coat Factory Warehouse Corp. v. Director, Division of Taxation -- rank: 542

... deduction of interest expense paid to a related member or N.J.S.A. 54:10A-4.4(b) which requires the add back of otherwise deductible intangible ...

docket:	07007-13
court:	NJ Tax Court
decided:	2014-12-02
status:	unpublished
citation:
Document Size:	32179

9 KINKO'S NETWORK, INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 444

... back" the same sum to its overall net income. See N.J.S.A. 54:10A-4.4(b). In essence, Kinko's 2002 CBT liability included Ventures ...

docket:	a2261-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-30
status:	unpublished
citation:
Document Size:	36227