Legal Opinion

Marrinan v. Division of Taxation, Director

New Jersey Tax Court

Decided September 22, 1989PublishedCited by 4 opinions

1Opinion of the Court

HOPKINS, J.T.C.

Plaintiffs have appealed a final determination of the Director, Division of Taxation, asserting a deficiency in New Jersey *543Gross Income Tax (GIT) for tax year 1984, in the amount of $5,706, inclusive of penalty and interest.

The basic issue is whether plaintiff-taxpayer, John C. Marrinan, was in the trade or business of being a securities trader. Predicated upon that determination is whether he is entitled to deduct expenses of operating as a trader in securities. An ancillary question is whether the actions he took in preparing and reporting his taxable income to the Internal…

2Cases cited10 opinions

  1. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  2. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  3. Higgins v. CommissionerSupreme Court of the United States · 1941
  4. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  5. Smith v. Director, Division of TaxationSupreme Court of New Jersey · 1987

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3Cited by4 opinions

  1. Marrinan v. State, Director, Division of TaxationNew Jersey Tax Court · 1997
  2. Vinnik v. Director, Division of TaxationNew Jersey Tax Court · 1992
  3. John F. v. Director, Division of TaxationNew Jersey Tax Court · 1991
  4. M.K. VS. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION (CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION)New Jersey Superior Court Appellate Division · 2020

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