Coliseum Pizzeria, Inc. v. Director, Division of Taxation

PIZZUTO, J.T.C.

Defendant Director of the Division of Taxation, (the “Division”) has moved for summary judgment sustaining the Division’s assessment of $151,050.34 against plaintiff taxpayer for unpaid Sales Tax, Corporation Business Tax (“CBT”), Litter Tax and Gross Income Tax withholding. In auditing taxpayer’s transactions, the Division determined that adequate records were not available to demonstrate taxpayer’s actual receipts. The Division therefore undertook a reconstruction of taxpayer’s operations utilizing available records to determine its purchases and a markon (sometimes called a…