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TITAN SPORTS, INC. v. STATE ATHLETIC CONTROL BD.

12 N.J. Tax 214 (1992)

TITAN SPORTS, INC., PLAINTIFF, v. THE STATE ATHLETIC CONTROL BOARD AND LARRY HAZZARD, COMMISSIONER FOR THE STATE ATHLETIC CONTROL BOARD, DEFENDANT.

Tax Court of New Jersey.

February 14, 1992.

Attorney(s) appearing for the Case

Mark S. Rattner (Riker, Danzig, Scherer & Hyland, attorneys) and Theodore E. Dinsmoor, admitted pro hac vice (Finnegan & Stanzler, attorneys) for plaintiff.

Mary R. Hamill for defendant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

LASSER, P.J.T.C.

This case involves the constitutional validity of the New Jersey boxing and wrestling media rights tax. N.J.S.A. 5:2A-20. Plaintiff, Titan Sports, Inc. ("Titan"), contends that the tax as applied by the State Athletic Control Board (the "board") violates the First Amendment as well as the Commerce Clause of the United States Constitution.

In an earlier decision on cross motions for summary judgment, I held that Titan's professional...

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