United Parcel Service General Services Co. (UPS)
The New Jersey Superior Court, Appellate Division affirmed the Tax Court and held that the Tax Court correctly decided that the Director should have abated late payment penalties on a good faith issue and that the amnesty penalty did not apply to a good faith issue found on audit.
Whirlpool Properties, Inc.
The New Jersey Supreme Court significantly narrowed the throwout statute to survive a facial constitutionality challenge and held that, to operate constitutionally, the throwout could only be applied to untaxed receipts due to a lack of jurisdiction to tax arising from an insufficient connection with the corporation or from congressional prohibition, such as P.L. 86-272.
Crestron Electronics, Inc.
The New Jersey Tax Court held that the Corporation Business Tax expresses a clear intent on the part of the Legislature to couple entire net income to federal taxable income with limited, explicit exceptions, thereby precluding the Director’s attempt to require that the exclusion of extraterritorial income for federal purposes be added back to income for computing Corporation Business Tax liability.
IGT/Anchor Coin, Inc.
The New Jersey Tax Court held that in as much as, after an assessment is protested, a refund claim is not permitted until after the appeal is completed, refund interest accrues in favor of the taxpayer at the time it filed its protest.