Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/tax/011704-20.opn.html -- rank: 1000

... taxpayer’s] deemed sale of assets was nonoperational income under N.J.S.A. 54:10A-6.1(a). 8 As a result, the income . . . must be assigned ... gain on the deemed sale was non-operational income under N.J.S.A. 54:10A-6.1, and was therefore assignable to the taxpayer’s principal place ... as the principal place of business of the corporation under N.J.S.A. 54:10A-6.1. Plaintiffs next argue that under the plain language of N.J.S.A. 54:10A-6.1, only the taxpayer can classify income as non-operational. 9 ... The court rejects this argument. Clearly, the initial sentence of N.J.S.A. 54:10A-6.1 by defining “operational income” excludes from that definition such ... Judge Kuskin, the definitions of operational and nonoperational income in N.J.S.A. 54:10A-6.1(a) have their origin in the UDITPA definitions of ...

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

2 /usr/local/share/www/libweb/collections/courts/tax/19335-10.opn.html -- rank: 928

... business operations,” is subject to allocation to New Jersey. N.J.S.A. 54:10A-6.1. For the years under review, the allocation factor used to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	103902

3 McKESSON WATER PRODUCTS COMPANY v. DIRECTOR, DIVISION OF TAXATION -- rank: 848

... for CBT purposes because the gain constituted nonoperational income under N.J.S.A. 54:10A- 6.1(a). This statute permits allocation to New Jersey of "operational ... permitted under the Constitution and statutes of the United States. [N.J.S.A. 54:10A-6.1(a).] The bracketed language in the quotation was deleted by ... 2945 , 77 L. Ed. 2 d at 559-60 2 N.J.S.A. 54 :10A-6.1 was enacted in 1993, L. 1993, c. 173, º 5 ... operational and nonoperational income contained in the 1993 version of N.J.S.A. 54:10A-6.1 was consistent with Allied-Signal at least with respect to ... Allied-Signal. The definitions of operational and nonoperational income in N.J.S.A. 54:10A-6.1 appear to have been derived from the Uniform Division of ... language. Specifically, besides using the "operational income" terminology, our statute N.J.S.A. 54:10A-6.1(a) as in effect during the tax period in ...

docket:	00156-04
court:
decided:	2007-08-13
status:
citation:
Document Size:	121553

4 ELAN PHARMACEUTICALS INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 787

... Director correctly reclassified the ABELCET gain as operational income under N.J.S.A. 54:10A-6.1(a). The court made the following findings. ABELCET is a ... appropriate since only legal issues remained. The court noted that N.J.S.A. 54:10A-6.1(a) was amended effective January 1, 2002, to heighten the ... to A. 2501 4-5 (June 27, 2002). As amended, N.J.S.A. 54:10A-6.1(a) defines 'operational income' as follows: 'Operational income' subject to ... permitted under the Constitution and statutes of the United States. [N.J.S.A. 54:10A-6.1(a).] The court then discussed the liquidation exception. 'Where the ... business operations and includes investment income serving an operational function.' N.J.S.A. 54:10A-6.1(a). A taxpayer is required to demonstrate by 'clear and ... drug assets (the PERMAX gain) also constituted operational income under N.J.S.A. 54:10A- 6.1(a). The judgment noted that the parties stipulated to ...

docket:	a4962-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	53341