Legal Opinion

McDonald v. Director, Division of Taxation

New Jersey Tax Court

Decided September 29, 1989PublishedCited by 2 opinions

1Opinion of the Court

RIMM, J.T.C.

This is a gross income tax matter in which defendant originally assessed taxes against plaintiffs1 for 1985 in the amount of $226,941, together with interest and penalties. The assessment of taxes is based on defendant’s claim that plaintiff was a resident of the State of New Jersey in 1985 and had income as follows:

Wages $ 32,425

Interest 48,071

Dividends 10,040

Capital Gains 4,092,378

Pensions 2,251,350

Other Income 70,917

Total $6,505,181

*558The capital gains and pensions items comprise payment to plaintiff of $6,460,9992 in 1985 from the profit sharing plan of his employer, National…

2Cases cited22 opinions

  1. Commissioner v. LoBueSupreme Court of the United States · 1956
  2. Shaffer v. CarterSupreme Court of the United States · 1920
  3. Gabin v. Skyline Cabana ClubSupreme Court of New Jersey · 1969
  4. Sorensen v. Director, Division of TaxationNew Jersey Tax Court · 1981
  5. Sorensen v. Taxation Div. DirectorNew Jersey Superior Court Appellate Division · 1981

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3Cited by2 opinions

  1. McDonald v. DirectorNew Jersey Superior Court Appellate Division · 1991
  2. Eiszner v. Director, Division of TaxationNew Jersey Tax Court · 2000

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