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RCN OF N.J., INC. v. DIR., DIV. OF TAXATION

23 N.J. Tax 22 (2006)

RCN OF NEW JERSEY, INC., Plaintiff v. DIRECTOR, DIVISION OF TAXATION, Defendant.

Tax Court of New Jersey.

Formal Opinion: May 12, 2006.

Attorney(s) appearing for the Case

Sean M. Lipsky and Jeffrey H. Schechter, for plaintiff (Cole, Schotz, Meisel, Forman & Leonard, attorneys).

Marlene G. Brown, for defendant (Zulima V. Farber, Attorney General of New Jersey, attorney).

KUSKIN, J.T.C.

Plaintiff, RCN of New Jersey, Inc. ("RCN"), a provider of cable television service, seeks refunds of New Jersey sales tax paid by it for the period January 1, 1997 through December 31, 2000 with respect to purchases of machinery, apparatus, and equipment used to transmit television information. The items purchased included, among many others, cable wiring consisting of fiber-optic cable, coaxial cable, and coaxial drop cable (collectively "cable")....

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