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SABINO v. DIRECTOR, DIV. OF TAXATION

296 N.J. Super. 269 (1996)

CHARLES A. AND DOLORES C. SABINO, PLAINTIFFS-RESPONDENTS, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1996.

Attorney(s) appearing for the Case

Joseph Fogelson, Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Fogelson, on the brief).

Kenneth J. Norcross argued the cause for respondents (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Norcross and Mark H. Daaleman, on the brief).

Before Judges KING, KEEFE and CONLEY.

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

The State appeals paragraphs one and three of a Tax Court declaratory judgment entered March 10, 1995 and based upon a written opinion reported at 14 N.J.Tax 501 (Tax 1995) construing the "standard for deductibility" under N.J.S.A. 54A:5-1b for determining net partnership income. We reverse and remand.

Paragraph one of the order declares that "[t]he standard...

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