Search Rutgers Law Library N.J. Court Opinions

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

... n]et pro rata share of S corporation income.” N.J.S.A. 54A:5-1(p); Miller v. Director, Div. of Taxation , 352 N.J ... tax being calculated precisely in accordance with the provisions of N.J.S.A. 54A:5-1(c) specifically governing Subchapter S corporations.” Id. at 108 ... deemed sale of [the corporation’s] assets is taxable under N.J.S.A. 54A:5-1(c).” Id . at 153. The distinction between the characterization ... “net pro rata share of S corporation income.” N.J.S.A. 54A:5-1(c), 5-1(p). GIT is imposed on non-residents ... event resulting in S corporation income to the shareholder under N.J.S.A. 54A:5-1(p), followed by a complete liquidation of the corporation, resulting ... a capital gain or loss to the selling shareholder under N.J.S.A. 54A:5-1(c). Judge Kuskin held that “in the absence ...

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

2 JOEL AND JUDITH MANDELBAUM, Plaintiffs v. DIRECTOR, DIVISION of TAXATION -- rank: 990

... determination of plaintiffs’ liability under the Gross Income Tax Act, N.J.S.A. 54A:5-1 to :10-12 (the “GIT Act”), for tax year ... N.J.S.A. 54A:5-1c and p. Under N.J.S.A. 54A:5-1, sixteen categories of income are subject to tax. “Net ... course of business of a partnership should be taxed under N.J.S.A. 54A:5-1 in a different category from regular business income, and the ... determining what constitutes taxable partnership income under category k of N.J.S.A. 54A:5-1 and what constitutes subchapter S corporation income under category p ... the other of categories of taxable income set forth in N.J.S.A. 54A:5-1. As another aspect of his contention that the differences between ...

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

3 JOHN RECK et al. v. OPINION DIRECTOR, DIVISION OF TAXATION, -- rank: 983

... rules addressing the treatment of net profits from business under N.J.S.A. 54A:5-1(b) and partners and partnerships under N.J.S.A. 54A:5-1(k). The proposed new rules are intended to simplify income ...

docket:	08766-96
court:
decided:	2000-03-21
status:
citation:	18 N.J. Tax 598
Document Size:	130449

4 Harlan W. Waksal v. Director, Division of Taxation -- rank: 956

... describes one of sixteen categories of gross income identified in N.J.S.A. 54A:5-1. 2 Section 5-1c, entitled “[n]et gains or ... ‘sale, exchange or other disposition of property’ found in N.J.S.A. 54A:5-1(c).” Id. at 454. Affirming a Tax Court decision ...

docket:	a103-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-13
status:	published
citation:
Document Size:	71103

5 Harlan W. Waksal v. Director, Division of Taxation -- rank: 956

... describes one of sixteen categories of gross income identified in N.J.S.A. 54A:5-1. 2 Section 5-1c, entitled “[n]et gains or ... ‘sale, exchange or other disposition of property’ found in N.J.S.A. 54A:5-1(c).” Id. at 454. Affirming a Tax Court decision ...

docket:	A-103-11
court:	NJ Supreme Court
decided:	2013-08-13
status:
citation:	215 N.J. 224 71 A.3d 878
Document Size:	72867

6 /usr/local/share/www/libweb/collections/courts/tax/07048-11.opn.html -- rank: 939

... provides that taxable income shall consist of sixteen distinct categories. N.J.S.A. 54A:5-1. Plaintiffs do not dispute that lottery winnings fall into one of two categories of taxable income. According to N.J.S.A. 54A:5-1, New Jersey gross income shall consist of the following categories ... 6-8 and N.J.S. 54A:6-11 hereunder. [ N.J.S.A. 54A:5-1.] Because N.J.S.A. 54A:5-1(l) specifically refers to N.J.S.A. 54A:6 ... lottery winnings to be “gambling winnings” as defined by N.J.S.A. 54A:5-1(g), a net category of income. The Division permits taxpayers ... in the same year when calculating taxable gambling winnings under N.J.S.A. 54A:5-1(g). Regardless of the category of taxable income to ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	86978

7 Colonial Trust III et al. v. Director, Division of Taxation -- rank: 927

... been required to report distributions to them as taxable income. N.J.S.A. 54A:5-1. During the Fund’s fiscal year ending October 31, 1993 ... under N.J.S.A. 54A:6-14.1 and N.J.S.A. 54A:5-1, of income received by shareholders of mutual funds attributable to ... available. N.J.S.A. 54A:6-14.1 and N.J.S.A. 54A:5-1, together imposing a tax upon non-qualified investment fund shareholders ... Taxation of Shareholders under the GIT RIC shareholders look to N.J.S.A. 54A:5-1 and N.J.S.A. 54A:6-14.1 for the income tax treatment of distributions they receive. N.J.S.A. 54A:5-1 provides: New Jersey gross income shall consist of the following ...

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

8 CHARLES & SERYL KUSHNER v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 903

... Income Tax return as distributive share of partnership income under N.J.S.A. 54A:5-1(k) or income from a trust or estate under N.J.S.A. 54A:5-1(h). Due to the structure of the New Jersey Gross ... to be characterized as income from a trust or estate. N.J.S.A. 54A:5-1(h). I. Plaintiffs timely filed a 1996 New Jersey Gross ... e., income derived from estates or trusts in accordance with N.J.S.A. 54A:5-1(h) and -3. Mr. Kushner had reported income from the ... or does it become a different category of income? See N.J.S.A. 54A:5-1(h). (2) In the absence of intervening regulatory or legislative ... of income under the New Jersey Gross Income Tax Act. N.J.S.A. 54A:5-1(h). The Act specifically includes, as a category of ...

docket:	04036-00
court:
decided:	2005-06-15
status:
citation:
Document Size:	54847

9 MORRIS & CHARLOTTE COHEN v. STATE DIVISION OF TAXATION -- rank: 891

... corporation income" became a category of income subject to GIT. N.J.S.A. 54A:5-1(p). The income, dividends, and gains of an S corporation ... other S corporations in which the taxpayer holds stock. See N.J.S.A. 54A:5-1(p) (imposing tax on " [n]et pro rata share of ... generally adding back those losses deducted for federal tax purposes. N.J.S.A. 54A:5-1(c); see also 43 David E. Crabtree, New Jersey Practice ... id. at 6-14, was grounded in its interpretation of N.J.S.A. 54A:5-1(c), which includes among the items of income subject to ... to which nonrecognition is allowed for federal income tax purposes." N.J.S.A. 54A:5-1(c). The Court noted that the statute set forth three ... The Court held that "federal accounting and nonrecognition provisions" of N.J.S.A. 54A:5-1(c) permitted the calculation of a higher basis for ...

docket:	a5827-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-09
status:	Published
citation:	28 N.J.Tax 548
Document Size:	66971

10 JAMES N. STANARD v. DIRECTOR, DIVISION OF TAXATION -- rank: 876

... partnership loss on his gross income tax return pursuant to N.J.S.A. 54A:5-1(k). Defendant, Director, Division of Taxation (“Director”) argues that ... to be reported as a business loss of plaintiffs under N.J.S.A. 54A:5-1(b). For the reasons explained more fully below, plaintiffs’ motion ... ripe for summary judgment. A. Classification of Gains & Losses Under N.J.S.A. 54A:5-1, the Legislature created separate and distinct categories of gross income ... of Taxation, 108 N.J. 19 , 32-33 (1987). First, N.J.S.A. 54A:5-1(b) defines net 4 profits from business as one category ... a sole proprietorship classified as a business loss described in N.J.S.A. 54A:5-1(b) for GIT purposes since Beacon is a single-member ... category such as distributive share of partnership income described in N.J.S.A. 54A:5-1(k). The resolution of the correct categorization of the ...

docket:	08149-18
court:	NJ Tax Court
decided:	2020-02-24
status:	Published
citation:
Document Size:	38890

11 JOHN W. DANTZLER, JR. et al. v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 874

... deductible expenses, or are they a tax on income under N.J.S.A. 54A: 5-1(b), which are specifically not deductible? 7. Can Mr. Dantzler ... Income Tax imposes a tax on specific categories of income. N.J.S.A. 54A:5-1. Most relevant to this case are the distributive share of ... deduction of the amount of: (1) taxes based on income.... [ N.J.S.A. 54A:5-1(b) (emphasis added).] The Director , N.J.A.C. 18 ... the method for calculating income of a business specified by N.J.S.A. 54A:5-1(b) is the method to be used for calculating distributive shares of a partnership under N.J.S.A. 54A:5-1(k). In Sabino v. Director, Division of Taxation , 296 N ... could be for other purposes, and I will disallow them. N.J.S.A. 54A:5-1(c) provides that, under the New Jersey Gross Income ...

docket:	06040-96
court:
decided:	1999-06-01
status:
citation:	18 N.J. Tax 490
Document Size:	76060

12 Charles and Dolores Sabino v. Dir, Div of Taxation -- rank: 874

... term "distributive share of partnership income" is set out at N.J.S.A. 54A:5-1(k). 1 The items of deduction in question fall into ... seq. In computing their New Jersey Gross Income Tax liability ( N.J.S.A. 54A:5-1, et seq. ) Taxpayers deducted the $3,315 in Contributions set ... continue to have "genuine" disagreement regarding Taxpayers' reporting responsibilities under N.J.S.A. 54A:5-1 et seq. and the Director's regulations, as to both ... IRC § 170 be deducted by an individual partner under N.J.S.A. 54A:5-1(k)? Must Taxpayers demonstrate that the Contributions were "ordinary and ... be allocated to the other categories of income listed in N.J.S.A. 54A:5-1.... [ Smith , supra , at 31.] This decision merely applies that reasoning ... N.J.S.A. 54A:5-1b and k. 1 N.J.S.A. 54A:5-1 provides in part: New Jersey gross income shall consist ...

docket:	02494-93
court:
decided:	1995-03-01
status:
citation:	14 N.J. Tax 501
Document Size:	84541

13 FREDERIC J. SA v. DIRECTOR -- rank: 869

... payments under the SLI program were taxable wage income under N.J.S.A. 54A:5-1(a) when received by “[e]mployees of all Agencies ... job-related injury, are taxable as wages (sick pay) under N.J.S.A. 54A:5-1(a), or excludable under N.J.S.A. 54A:6 ... N.J. 1 , 8 (1999) (internal quotations and citation omitted). N.J.S.A. 54A:5-1(a) imposes tax on “[s]alaries, wages, tips, fees ... received under the WC Act, namely, taxing the former under N.J.S.A. 54A:5-1(a), and excluding the latter under N.J.S.A ...

docket:	00047-11
court:	NJ Tax Court
decided:	2012-06-29
status:	Published
citation:
Document Size:	73130

14 GEORGE K. MILLER, JR. et al. v. DIRECTOR, DIVISION OF <br -- rank: 864

... net gains or income from the disposition of property under N.J.S.A. 54A:5-1(c) or (2) net pro rata share of S corporation income under N.J.S.A. 54A:5-1(p). The reasons for the need to characterize income are ... Tax return as distributive share of partnership income consistent with N.J.S.A. 54A:5-1(k). The Supreme Court reached this conclusion in part by ... definition should be consistent with net profits from business under N.J.S.A . 54A:5-1(b). Smith , supra , 108 N.J. at 25, 27-28 ... that business was not distributive share of partnership income under N.J.S.A. 54A:5-1(k). Id. at 84. Mr. Miller argues by analogy that ... to the net gains of the transaction, is inconsistent with N.J.S.A. 54A:5-1(c), which imposes a tax on “[ n]et ...

docket:	04040-00
court:
decided:	2001-08-20
status:
citation:	19 N.J. Tax 522
Document Size:	108239

15 John C. Marrinan et al. v. Director, Division of Taxation -- rank: 864

... I The primary issue in this appeal is whether, under N.J.S.A. 54A:5-1(b) of the New Jersey Gross Income Tax Act, N ... and deducted in calculating “net profits from business.” N.J.S.A. 54A:5-1(b) provides: New Jersey gross income shall consist of the ... of such business were not discrete items of income under N.J.S.A. 54A:5-1(e) and 1(f) but rather constituted portions of business ... income for purposes of calculating net profits from business under N.J.S.A. 54A:5-1(b). Plaintiffs’ 1991 return reported a tax liability of $4 ... of such explicit incorporation, the Court cited the provision in N.J.S.A. 54A:5-1(b) that net profits from business are to be determined ... 2) in deciding whether loss carryovers may be deducted under N.J.S.A. 54A:5-1(b), the provisions of N.J.S.A. 54A: ...

docket:	00761-96
court:
decided:	1997-09-04
status:
citation:	10 N.J. Tax 542
Document Size:	65417