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LIBERTY MUT. INS. CO. v. STATE, DEPT. OF TREASURY, DIV. OF TAXATION

17 N.J. Tax 457 (1998)

LIBERTY MUTUAL INSURANCE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY, PLAINTIFFS, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey

July 21, 1998.

Attorney(s) appearing for the Case

Ronald D. Puhala, for plaintiff (Cuyler, Burk, attorneys).

Carolyn Lurry Mapp, for defendant (Peter Verniero, Attorney General of New Jersey, attorneys.).

KUSKIN, J.T.C.

Plaintiffs Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company, Massachusetts insurance companies doing business in New Jersey, seek refunds of taxes and interest paid by them for tax year 1992 pursuant to N.J.S.A. 17:32-15. This statute imposes upon insurers domiciled in a foreign state a tax (commonly referred to as the "retaliatory tax") equal to the "premium or income or other taxes, or any fees, fines, penalties, licenses...

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