Search Rutgers Law Library N.J. Court Opinions

1 EQUIPMENT LEASING & FINANCE ASSOCIATION v. DIRECTOR, DIVISION OF TAXATION -- rank: 1000

... on a corporate taxpayer’s “entire net income.” N.J.S.A. 54:10A-5. The AMA, however, is based on either the taxpayer’s ... greater of (i) the amount of tax calculated pursuant to N.J.S.A. 54:10A-5 and (ii) the AMA calculated pursuant to N.J.S ... pursuant to this section exceeds the tax computed pursuant to [N.J.S.A. 54:10A-5] for a privilege period, the taxpayer shall be allowed an ... for the privilege period exceeds the tax computed pursuant to [ N.J.S.A. 54:10A-5] for that privilege period. . . . The amount of credit may be ... due below the statutory minimum provided in subsection (e) of [ N.J.S.A. 54:10A-5]. [ N.J.S.A. 54:10A-5a(f)(2).] For ... alternative minimum assessment exceeds the CBT “otherwise due” under N.J.S.A. 54:10A-5 and the amount, if any, of the credit available ...

docket:	10823-07
court:
decided:	2009-03-06
status:
citation:
Document Size:	70889

2 /usr/local/share/www/libweb/collections/courts/tax/011704-20.opn.html -- rank: 880

... of their “entire net income” allocable to New Jersey. N.J.S.A. 54:10A-5(c)(1). Corporations electing S corporation status are subjected to ... income of an electing S corporation is subject to CBT. N.J.S.A. 54:10A-5(c)(2). For tax years ending on or after July ... imposed on an S corporation’s entire net income. 7 N.J.S.A. 54:10A-5(c)(2)(ii). Further, an electing S corporation is not ... S corporation; which has made a valid election pursuant to [ N.J.S.A. 54:10A-5.22]; and which has been an S corporation continuously since ... the effective date of the valid election made pursuant to [ N.J.S.A. 54:10A-5.22].” N.J.S.A. 54:10A-4(p ... the jurisdictional requirements of becoming a New Jersey S corporation. N.J.S.A. 54:10A-5.22. Specifically, the initial shareholders must consent to: the ...

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court:	NJ Superior Court Law/Chancery Division
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citation:
Document Size:	89145

3 /usr/local/share/www/libweb/collections/courts/tax/15083-14.opn.html -- rank: 848

... electing to be taxed as an investment company pursuant to N.J.S.A. 54:10A-5(d) for the 2005 tax year. Plaintiff later claimed that ... is entitled to preferential treatment as an investment company under N.J.S.A. 54:10A-5(d) if it is subject to CBT during the tax ... plaintiff satisfies every statutory requirement for investment company treatment under N.J.S.A. 54:10A-5(d). Defendant responded on June 28, 2016, by filing a ... ultra vires and void because it contravenes legislative intent behind N.J.S.A. �54:10A-5(d) and -4(f) . Defendant argues that N.J.S ... income and 40% 3 of its entire net worth . . . . 4 [ N.J.S.A. �54:10A-5(d) .] 3 In 1947 , at the recommendation of the Commission ... definition of “investment company” to aid the application of N.J.S.A. �54:10A-5(d) . During the tax years in question, the Act ...

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

4 UNB INVESTMENT COMPANY, INC., Plaintiff, Approved for Publication In the New Jersey Tax Court Reports v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 794

... investment trust under Federal law.” At the same time, N.J.S.A. 54:10A-5(d) was amended to place REITs on the same tax ... basis of 4% of a REIT’s entire net income. N.J.S.A. 54:10A-5(d). In the absence of the preference, a REIT would be taxed on its entire net income. N.J.S.A. 54:10A-5(c). As further explained in the introductory statement to A ...

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

5 /usr/local/share/www/libweb/collections/courts/tax/00028-14opn.opn.html -- rank: 764

... to N.J.S.A. 54:10A-15.11 in N.J.S.A. 54:10A-5(h) did not abrogate the provision of N.J.S ... P.L.2002, c.40 (C.54:10A-15.11). [ N.J.S.A. 54:10A-5(g), (h).] In connection with these provisions, the Division makes ... actions undertaken by that partner. Second, the Division argues that N.J.S.A. 54:10A-5 (h) operates to prevent the application of N.J.S ... of N.J.S.A. 54:10A-15.7 because N.J.S.A. 54:10A-5(h) requires the partnership to look to the former to ...

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

6 NEW JERSEY NATURAL GAS CO. v. DIRECTOR, DIVISION OF TAXATION -- rank: 757

... tax is based upon the corporation’s entire net income. N.J.S.A. 54:10A-5. When a corporation maintains a regular place of business outside ...

docket:	00240-05
court:
decided:	2008-04-17
status:
citation:
Document Size:	143317

7 JOEL AND JUDITH MANDELBAUM, Plaintiffs v. DIRECTOR, DIVISION of TAXATION -- rank: 741

... even though the income passes through to the corporate shareholders. N.J.S.A. 54:10A-5(c)(2) and (3). This archive is a service of ...

docket:	04227-00
court:
decided:	2002-05-17
status:
citation:	20 N.J. Tax 141
Document Size:	84481

8 /usr/local/share/www/libweb/collections/courts/tax/12945-11.opn.html -- rank: 732

... by the entire net income multiplied by the allocation factor. N.J.S.A. 54:10A-5. The pertinent difference between the two acts is that the ...

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

9 SVETOZAR BELJAKOVIC v. DIRECTOR -- rank: 725

... Act taxes corporate income on the basis of allocation. See N.J.S.A. 54:10A-5(c)(1); N.J.A.C. 18:7-7.4 ... 54:10A-10, reduced by any tax imposed pursuant to [ N.J.S.A. 54:10A-5.]” Further, “S corporation income not allocated to” New ...

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

10 Colonial Trust III et al. v. Director, Division of Taxation -- rank: 697

... § 852(a) pay a flat franchise tax of $ 250. N.J.S.A. 54:10A-5(d). RICs failing to meet the Federal requirements lose the ... 54:10A-5d) or (ii) those applicable to "regular" corporations ( N.J.S.A. 54:10A-5(c)). Investment company treatment means that the failed RIC 2 ... applied to its "entire net income" allocable to New Jersey. N.J.S.A. 54:10A-5(c)(1). IV. Taxation of Shareholders under the GIT RIC ...

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

11 Richard's Auto City, Inc. v. Dir, Div of Taxation -- rank: 688

... by reference to a corporation's entire net income. 2 N.J.S.A. 54:10A-5. From the inception of the act, and until 1985, the ...

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

12 SHREE RAM INVESTMENTS INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 672

... requisite election to be taxed as an S corporation. See N.J.S.A. 54:10A-5.22 (setting forth the procedure for New Jersey S corporation ... S corporation; which has made a valid election pursuant to [ N.J.S.A. 54:10A-5.22]"); N.J.S.A. 54:10A-4(o) (defining ... Revenue Code of 1986, 26 U.S.C. § 1361"); N.J.S.A. 54:10A-5(c)(1) & (c)(2) (respectively setting forth corporate business and ...

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

13 DAVID SIDMAN et al. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 663

... 173 specifically recognized S corporation status if validly elected under N.J.S.A. 54:10A-5.22, and incorporated the definition of an S corporation in ... it greatly reduced the amount due for corporation business taxes, N.J.S.A. 54:10A-5(c)(2), and created a new category of income for ...

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

14 CHIRON CORPORATION v. DIRECTOR, DIVISION OF TAXATION, -- rank: 663

... A. 54:10A-4) used to calculate CBT liability under N.J.S.A. 54:10A-5 (setting forth how the tax is to be computed). Under ...

docket:	00120-99
court:
decided:	2004-11-19
status:
citation:	21 N.J. Tax 528
Document Size:	71168

15 DELMARVA POWER AND LIGHT CO. v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 631

... then removed the net worth portion of the tax base. N.J.S.A. 54:10A-5(a). This archive is a service of Rutgers School of ...

docket:	00343-99
court:
decided:	2006-07-14
status:
citation:
Document Size:	84679