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[19276]
October 20, 2005
TO: ADVISER DISTRIBUTOR TAX ISSUES TASK FORCE No. 8-05
TAX MEMBERS No. 26-05
RE: INSTITUTE AMICUS BRIEF IN LANCO APPEAL
The Institute has filed the attached brief as amicus curiae in Lanco, Inc.’s appeal to the
New Jersey Supreme Court of a decision of a New Jersey appellate court, which held that New
Jersey may apply its corporation business tax to a nonresident entity with no physical presence
in New Jersey.1 The appellate court reversed the decision of the New Jersey Tax Court, which
held that this attempt at taxation exceeded the State’s taxing authority under the United States
Constitution.2
The Institute’s brief asserts that application of New Jersey’s Corporation Business Tax to
taxpayers that have no physical presence in New Jersey is an unconstitutional exercise of the
State’s taxing authority.
Lisa Robinson
Associate Counsel
Attachment (in .pdf format)
Note: Not all recipients receive the attachment. To obtain a copy of the attachment, please visit our members
website (http://members.ici.org) and search for memo 19276, or call the ICI Library at (202) 326-8304 and request the
attachment for memo 19276.
1 See Institute Memorandum (19125) to Adviser Distributor Tax Issues Task Force No. 7-05 and Tax Members No. 23-
05, dated August 29, 2005 for New Jersey appellate decision; and see Institute Memorandum (17890) to Adviser
Distributor Tax Issues Task Force No. 9-04 and Tax Members No. 38-04, dated August 11, 2004 for the Institute’s brief
submitted amicus curiae in the litigation before the Superior Court of New Jersey, Appellate Division.
2 Lanco, Inc. v. Dir., Div. of Taxation, 21 N.J. Tax 200 (2003).