Criticare, Inc. v. Director, Division of Taxation

FIAMINGO, J.T.C.

This is the court’s opinion1 with respect to the parties’ cross-motions for summary judgment. The issue presented is the amount of the New Jersey Gross Income Tax (“GIT”) credit for income taxes paid to New York State to which the individual plaintiff, Marina Shakour-Haber (“plaintiff’)2 is entitled. Plaintiff contends that she is entitled to a credit calculated with reference to the income passed through to her as the sole shareholder of the S corporation, Criticare, Inc. (“Criticare”), as determined by the State of New York, and which was actually taxed by that state.…