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KSS TRANSP. CORP. v. DIR., DIV. OF TAXATION

11 N.J. Tax 89 (1989)

KSS TRANSPORTATION CORP., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1989.

Attorney(s) appearing for the Case

Fred O. Marcus argued the cause for appellant (Horwood, Marcus & Braun, and Keith E. Patterson, attorneys; Fred O. Marcus on the brief).

Harry Haushalter, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Harry Haushalter on the brief).

Before Judges DREIER, BROCHIN and CONLEY.

The opinion of the court was delivered by CONLEY, J.S.C. (temporarily assigned).

KSS Transportation Corp. (KSS), a New Jersey corporation, appeals the final judgment entered in the Tax Court, appearing at 9 N.J.Tax 273 (1987), affirming a use tax assessment under N.J.S.A. 54:32B-1 et seq imposed by the Director, Division of Taxation, upon KSS' out-of-state purchase of an aircraft. The New Jersey Sales and Use Tax...

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