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KITE v. DIR., DIV. OF TAXATION

Docket No. 000190-2013.

29 N.J.Tax 75 (2016)

ANTHONY Y. KITE, PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

Decided: February 22, 2016.

Attorney(s) appearing for the Case

Steven D. Janel for plaintiff (Law Offices of Steven D. Janel, attorneys).

Ramanjit K. Chawla for defendant (John J. Hoffman, Acting Attorney General of New Jersey, attorney; Carl A. Wohlleben, on the briefs).

This opinion addresses whether a monetary recovery to a relator in an action filed under the False Claims Act, 31 U.S.C.A. § 3729, et seq. ("FCA"), is an "award" subject to New Jersey gross income tax pursuant to N.J.S.A. 54A:5-1(1). In addition, the court considers whether, if the recovery is subject...

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