DRAKE BAKERIES, INC. v. TAX DIV. DIR.


12 N.J. Tax 172 (1991)

DRAKE BAKERIES, INC., PLAINTIFF, v. TAXATION DIV. DIRECTOR, DEFENDANT.

Tax Court of New Jersey.

Decided December 5, 1991.


Attorney(s) appearing for the Case

Michael A. Guariglia, for plaintiff (McCarter & English, attorneys; Gary A. Kruse, on the brief).

Olivia P. Klein, for defendant (Robert J. Del Tufo, Atty. Gen. of New Jersey, attorney).


HOPKINS, J.T.C.

This matter involves plaintiff-taxpayer's motion and defendant's cross motion for summary judgment on the issue of whether plaintiff-taxpayer was required to file two short-term Corporation Business Tax Act (CBTA) returns for the taxable period March 12, 1987 through September 26, 1987. The parties have agreed that there is no dispute on the facts necessary to decide the issue.

Director denied a claim for refund of CBTA taxes after taxpayer...

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