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ADVO, INC. v. DIRECTOR, DIVISION OF TAXATION

No. 000131-2008.

ADVO, INC., Plaintiff, v. DIRECTOR, DIVISION OF TAXATION, Defendant.

Tax Court of New Jersey.

Decided: October 28, 2010.

Attorney(s) appearing for the Case

Susan A. Feeney for plaintiff (McCarter & English, LLP, attorneys; Open Weaver Banks, on the brief).

Julia F. Moore for defendant (Paula T. Dow, Attorney General of New Jersey, attorney).

DeALMEIDA, P.J.T.C.

The central issue in this case is whether the weekly publication distributed by plaintiff ADVO, Inc. ("ADVO") during the period at issue was a "newspaper" within the meaning of N.J.S.A. 54:32B-8.30. Resolution of this question will determine whether receipts from the sale of advertising in the publication were exempt from sales tax. For the reasons described more fully below, the court concludes that during the period at...

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