MANDELBAUM v. DIR., DIV. OF TAXATION


20 N.J. Tax 141 (2002)

JOEL AND JUDITH MANDELBAUM, PLAINTIFFS, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

May 17, 2002.


Attorney(s) appearing for the Case

Joel and Judith Mandelbaum pro se.

Mala Narayanan, Deputy Atty. Gen., for defendant (David Samson, Attorney General, attorney).


KUSKIN, J.T.C.

This matter requires a determination of plaintiffs' liability under the Gross Income Tax Act, N.J.S.A. 54A:5-1 to :10-12 (the "GIT Act"), for tax year 1995 resulting from the sale of subchapter S corporation stock in a transaction involving an election under § 338(h)(10) of the Internal Revenue Code.1 As explained in more detail below, this election results in the federal tax treatment of a sale of S corporation...

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