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BENDIX CORP. v. DIR., DIV. OF TAX

237 N.J. Super. 328 (1989)

568 A.2d 59

BENDIX CORPORATION, PLAINTIFF-APPELLANT, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1989.

Attorney(s) appearing for the Case

Mark S. Rattner argued the cause for appellant (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mark S. Rattner, of counsel and on the briefs).

Mary R. Hamill, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Mary R. Hamill, on the brief).

Before Judges DEIGHAN, BAIME and D'ANNUNZIO.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

Bendix Corporation (Bendix) appeals a Tax Court judgment affirming a Division of Taxation decision to add three income items to Bendix's income for its fiscal year which ended September 30, 1981. Bendix Corp. v. Taxation Div. Director, 10 N.J.Tax 46 (1988). The three items are:

(1) a $211.5 million capital gain from Bendix's sale of 20.6% of the outstanding...

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