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JAMES CONST. CO., INC. v. DIR., DIV. OF TAXATION

18 N.J. Tax 224 (1999)

JAMES CONSTRUCTION COMPANY, INC. PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION AND COMMISSIONER, DEPARTMENT OF LABOR, DEFENDANTS.

Tax Court of New Jersey

June 22, 1999

Attorney(s) appearing for the Case

Robert J. Alter, for plaintiff (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys).

Gail L. Menyuk, for defendant, Director, Division of Taxation (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

John C. Turi, for defendant, Commissioner, Department of Labor (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

SMALL, J.T.C.

Defendant, Commissioner, Department of Labor, moves to dismiss that portion of plaintiff's complaint which challenges assessments made by the Department of Labor with respect to unpaid New Jersey unemployment and temporary disability insurance taxes for the years 1996, 1997, and 1998, of $109,976.22, plus penalties and interest, and an additional assessment of a $10,000 penalty for record-keeping violations. The basis of the motion is that this court...

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