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GENERAL BLDG. PROD. CORP. v. DIRECTOR, DIV. OF TAXATION

15 N.J. Tax 213 (1995)

GENERAL BUILDING PRODUCTS CORPORATION, SUCCESSOR BY MERGER TO DEE WOOD INDUSTRIES, INC., PLAINTIFF-APPELLANT, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1995.

Attorney(s) appearing for the Case

Gary L. Freuh argued the cause for appellant (Giordano, Halleran & Ciesla, attorneys; John R. Halleran and Mr. Freuh, of counsel; Mr. Freuh, on the brief).

Kevin Marc Schatz, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Schatz, on the brief).

Before Judges VILLANUEVA and BRAITHWAITE.

PER CURIAM.

Plaintiff appeals from a Tax Court judgment dismissing its complaint seeking a refund of the tax that was incurred as a result of a deemed asset sale to it of the stock in a wholly-owned New Jersey subsidiary of U.S. Home Corporation (U.S. Home). We affirm.

On June 24, 1988, U.S. Home, a Delaware corporation with its principal place of business in Houston, Texas, sold all of the stock of Dee Wood, its wholly-owned New Jersey subsidiary, to plaintiff...

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