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HOEGANAES CORP. v. DIR. OF DIV. OF TAX

145 N.J. Super. 352 (1976)

367 A.2d 1182

HOEGANAES CORPORATION, RESPONDENT, v. DIRECTOR OF THE DIVISION OF TAXATION OF THE DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 1976.

Attorney(s) appearing for the Case

Mr. Harry Haushalter, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Alfred C. Clapp argued the cause for respondent (Messrs. Clapp & Eisenberg, attorneys; Mr. Robert F. Nolan, of the New York bar, and Mr. Stuart L. Pachman, of counsel and on the brief).

Before Judges MATTHEWS, SEIDMAN and HORN.

The opinion of the court was delivered by HORN, J.A.D.

The Director of the Division of Taxation appeals from a judgment of the Division of Tax Appeals reversing the denial of a claim for refund filed by Hoeganaes Corporation with respect to its liability under the New Jersey Corporation Business Tax Act, N.J.S.A. 54:10A-1 et seq., for the years 1967 to 1970, inclusive.

That statute imposes a franchise tax upon every domestic and foreign corporation...

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