Legal Opinion

Lanco, Inc. v. Director, Division of Taxation

New Jersey Tax Court

Decided October 23, 2003PublishedCited by 4 opinions

1Opinion of the Court

PIZZUTO, J.T.C.

This ease presents the question of whether New Jersey may constitutionally subject a foreign corporation to the Corporation Business Tax (N.J.S.A. 54:10A-1 et seq., “the CBT”), where the corporation has no physical presence in the state and derives income from a New Jersey source only pursuant to a license agreement with another corporation that conducts a retail business here.

Plaintiff Lanco, Inc., (“Lanco”) is a Delaware corporation that owns certain intangible property (trademarks, trade names and service marks). The parties have stipulated that Lanco has no offices,…

2Cases cited30 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
  3. Northwestern States Portland Cement Co. v. MinnesotaSupreme Court of the United States · 1959
  4. Ponte v. RealSupreme Court of the United States · 1985
  5. Hughes Tool Co. v. Trans World Airlines, Inc.Supreme Court of the United States · 1973

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3Cited by4 opinions

  1. Lanco v. DIRECTOR, DIV. OF TAX.New Jersey Superior Court Appellate Division · 2005
  2. PTI v. Director, Division of TaxationNew Jersey Superior Court Appellate Division · 2008
  3. Home Impressions, Inc. v. Director, Division of TaxationNew Jersey Tax Court · 2004
  4. Village Super Market of PA, Inc. v. Director, Division of TaxationNew Jersey Tax Court · 2013

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