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Walsh v. State

New Jersey Superior Court, Appellate Division


Decided: April 10, 1990.

FRANK E. WALSH AND MARY D. WALSH, PLAINTIFFS-RESPONDENTS,
v.
STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF TAXATION, DEFENDANT-APPELLANT

On appeal from the Tax Court of New Jersey, whose opinion is reported at 10 N.J. Tax. 447 (Tax Ct.1989).

Pressler, Long and Landau.

Per Curiam

[240 NJSuper Page 43]

The judgment of the Tax Court setting aside the deficiency assessment of the Division of Taxation is affirmed, to the extent the assessment was based on plaintiffs' realization of capital gains from their sale of stock in Subchapter S corporations, substantially for the reasons stated by Judge Lasser in his opinion reported at 10 N.J. Tax. 447 (Tax Ct.1989). Since the parties agree that the deficiency assessment is correct in respect of other taxpayer liabilities, we remand to the Tax Court for entry of a modified judgment so providing.

19900410


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