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J.B. Williams Co. v. Glaser

Decided: March 18, 1971.

THE J.B. WILLIAMS CO., INC. (SUCCESSOR TO LANDERS, FRARY & CLARK), PETITIONER-APPELLANT,
v.
SIDNEY GLASER, ACTING DIRECTOR OF DIVISION OF TAXATION, RESPONDENT



Sullivan, Collester and Labrecque. The opinion of the court was delivered by Labrecque, J.A.D.

Labrecque

Petitioner J.B. Williams Co., Inc., as successor to Landers, Frary & Clark (the taxpayer), appeals from a decision of the Division of Tax Appeals affirming the Corporation Tax Bureau's assessment of deficiencies against Landers, Frary & Clark for the years 1962, 1963 and 1964, under and pursuant to the New Jersey Corporation Business Tax Act (N.J.S.A. 54:10A-1 et seq.).

The facts were stipulated as follows:

(1) The J.B. Williams Company, Inc. is the successor corporation to Landers, Frary & Clark due to a statutory merger on May 31, 1965. A copy of the certificate of merger is attached hereto as Exhibit A. [Exhibit omitted]

(2) Landers, Frary & Clark (referred to herein as Landers) was up to May 31, 1965, a foreign corporation duly organized and existing under the laws of the State of Connecticut with its principal office and place of business located in New Britain, Connecticut.

(3) Landers' registered agent in the State of New Jersey during the years in question was Seymour Cipnick, 290 Jelliff Avenue, Newark, New Jersey.

(4) Landers engaged in the business of manufacturing and selling small electrical appliances. Manufacturing facilities were maintained in New Britain, Connecticut; Thomaston, Connecticut and Fort Smith, Arkansas. In addition, Landers maintained sales offices and employed salesmen in various parts of the United States.

(5) Landers employed Wheeling Transportation, Inc., 1235 Central Avenue, Hillside, New Jersey for the temporary storage pending sale of some of its products in Wheeling's public warehouse located in Port Newark.

(6) Landers management, general business office, accounting functions, order receipt and acceptance, billing and maintenance of accounts receivable records were conducted at its principal place of business within the State of Connecticut.

(7) The following table shows petitioners' activity in New Jersey.

1962 1963 1964

Receipts where merchandise

was shipped from New

Jersey warehouse to New

Jersey customers $2,016,618 ...


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