Legal Opinion

Chemical New Jersey Holdings, Inc. v. Director, Division of Taxation

New Jersey Tax Court

Decided July 31, 2006Published

1Opinion of the Court

KUSKIN, J.T.C.

For tax years 1992 and 1993, plaintiff Chemical New Jersey Holdings, Inc. filed its corporation business tax (“CBT”) return as an investment company. See N.J.S.A. 54:10A-4(f), a provision of the Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41 (the “CBT Act”). Defendant, Director of the New Jersey Division of Taxation (“Director”), determined that plaintiff did not satisfy the statutory requirements for taxation as an investment company and assessed tax accordingly. The amount of tax and interest assessed was $962,639.74. Plaintiff paid the assessment and appealed.…

2Cases cited7 opinions

  1. In Re Petition of Adamar of New Jersey, Inc.New Jersey Superior Court Appellate Division · 1988
  2. Morris & Essex Investment Co. v. Director of Division of TaxationSupreme Court of New Jersey · 1960
  3. Hutchinson v. Atlantic City Medical Center-MainlandNew Jersey Superior Court Appellate Division · 1998
  4. Walnut Realty Co. v. Director, Division of TaxationSupreme Court of New Jersey · 1962
  5. Chemical New Jersey Holdings, Inc. v. Director, New Jersey Division of TaxationNew Jersey Superior Court Appellate Division · 2004

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