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CSX TRANSP., INC. v. DIR., DIV. OF TAXATION

22 N.J. Tax 399 (2005)

CSX TRANSPORTATION, INC., PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT. NORFOLK SOUTHERN CORP., PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

June 9, 2005.

Attorney(s) appearing for the Case

Michael A. Guariglia and David J. Shipley for plaintiff CSX (McCarter & English, attorneys).

Richard A. Leavy for plaintiff Norfolk (McDermott, Will & Emery, attorneys).

Julian F. Gorelli for defendant (Peter C. Harvey, Attorney General of New Jersey, attorney).

KAHN, J.T.C.

This is the court's determination with respect to cross-motions for summary judgment involving railroad franchise tax assessments made by the Director, Division of Taxation, pursuant to N.J.S.A. 54:29A-14.1 In these cases, CSX and Norfolk (collectively, taxpayers)2, Virginia corporations, contest the Division's assessments of New Jersey Railroad...

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