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Adamar of New Jersey v. Director

SUPREME COURT OF NEW JERSEY


April 03, 2001

ADAMAR OF NEW JERSEY T/A TROPICANA CASINO AND RESORT (FORMERLY T/A TROPWORLD CASINO & ENTERTAINMENT RESORT), PLAINTIFF-APPELLANT,
v.
DIRECTOR, DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

On certification to the Superior Court, Appellate Division, whose opinion is reported at 328 N.J. Super. 481 (2000).

The opinion of the court was delivered by: Per Curiam

ON CERTIFICATION TO Appellate Division, Superior Court

Chief Justice Poritz PRESIDING

OPINION BY Per Curiam

Argued February 14, 2001

We modify and affirm the judgment of the Appellate Division concerning taxation of complimentary alcoholic beverages substantially for the reasons explained in Judge Braithwaite's opinion, Adamar v. Director, Div. of Taxation, 328 N.J. Super. 481 (App. Div. 2000), as supplemented by this Court's opinion in GNOC v. Director, Div. of Taxation, ___ N.J. ___ (2001), also filed today. We also affirm the Appellate Division's determination to remand to the Tax Court for further proceedings the issue concerning taxation of non-alcoholic beverages.

CHIEF JUSTICE PORITZ and JUSTICES STEIN, COLEMAN, LONG, VERNIERO, LaVECCHIA and ZAZZALI join in this opinion.

CONCURRING OPINION BY DISSENTING OPINION BY

CHECKLIST

AFFIRM

CHIEF JUSTICE PORITZ X.

JUSTICE STEIN X.

JUSTICE COLEMAN X.

JUSTICE LONG X.

JUSTICE VERNIERO X.

JUSTICE LaVECCHIA X.

JUSTICE ZAZZALI X.

TOTALS 7

20010403 20010403 20010403

© 2001 VersusLaw Inc.



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