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N.Y. FUEL TERMINAL CORP. v. DEPT. OF TREASURY, DIV. OF TAXATION

10 N.J. Tax 26 (1988)

NEW YORK FUEL TERMINAL CORP., PLAINTIFF, v. N.J. DEPT. OF THE TREASURY, DIVISION OF TAXATION, DEFENDANT. RAD OIL COMPANY, INC., PLAINTIFF, v. N.J. DEPT. OF THE TREASURY, DIVISION OF TAXATION, DEFENDANT. CENTURY RESOURCES CORP., PLAINTIFF, v. N.J. DEPT. OF THE TREASURY, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

Decided May 20, 1988.

Attorney(s) appearing for the Case

Laurence M. McHeffey (Hanlon, McHeffey, Herzfeld & Rubin, attorneys) and Carl S. Levine and Kenneth L. Robinson (Levine & Robinson, attorneys) admitted pro hac vice for plaintiff New York Fuel Terminal Corp.

Henry F. Furst (Furst & Waldman, attorneys) and Carl S. Levine and Kenneth L. Robinson (Levine & Robinson, attorneys) admitted pro hac vice for plaintiffs RAD Oil Company, Inc. and Century Resources Corp.

Martin L. Wheelwright for defendant (W. Cary Edwards, Attorney General of New Jersey, attorney).

LASSER, P.J.T.C.

In this consolidated action New York Fuel Terminal Corporation (NYFT), RAD Oil Corporation (RAD) and Century Resources Corporation (Century) contest the cancellation of their New Jersey motor fuels distributors' licenses by the Division of Taxation for failure to comply with N.J.A.C. 18:18-1.1, a regulation promulgated by the Director requiring that the holder of a distributor's license "must import 50 per cent or more of the

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