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MAL BROS. v. DIRECTOR, DIV. OF TAXATION

124 N.J. Super. 55 (1973)

304 A.2d 750

MAL BROTHERS CONTRACTING COMPANY, PETITIONER-APPELLANT, v. DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT-APPELLEE.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1973.

Attorney(s) appearing for the Case

Mr. David A. Biederman argued the cause for appellant (Messrs. Biederman and Mulligan, attorneys).

Mr. Herbert K. Glickman, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Messrs. Hughes, McElroy, Connell, Foley & Geiser filed a brief amicus curiae on behalf of New Jersey Heavy, Highway and Construction Industry Advancement Fund (Mr. Theodore W. Geiser, of counsel and on the brief).

Before Judges KOLOVSKY, MATTHEWS and CRAHAY.

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

Petitioner appeals from a judgment of the Division of Tax Appeals which affirmed the determination of the Sales Tax Bureau of the Division of Taxation that petitioner was obligated, under the provisions of the Sales and Use Tax Act, L. 1966, c. 30; N.J.S.A. 54:32B-1 et seq. (the act), to pay, for the period from July 1, 1966 to December 31, 1968, sales taxes totalling $27,589...

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