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TUSCAN DAIRY FARMS, INC. v. TAXATION DIV. DIRECTOR

4 N.J. Tax 92 (1982)

TUSCAN DAIRY FARMS, INC., PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

February 1, 1982.

Attorney(s) appearing for the Case

Barry A. Kozyra for plaintiff (Walder, Sondak, Berkeley & Brogan, attorneys; Joel Sondak and Barry A. Kozyra on the brief).

Herbert K. Glickman for defendant (James R. Zazzali, Attorney General of New Jersey, attorney).

CONLEY, J.T.C.

Plaintiff processes and markets milk. As part of its milk-processing procedure it uses certain cleaning and sanitizing agents to remove bacterial contamination to produce a safe and marketable product in accordance with state and federal law. The Director of the Division of Taxation assessed sales tax upon plaintiff's purchases of chemicals used to clean and sanitize its milk lines, fillers and tanks. The assessment was in the amount of $6,803.90

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