Praxair Technology, Inc. v. Director, Division of Taxation, A-6262-06T3; Appellate Division; opinion by Kestin , J.A.D.; decided and approved for publication December 15, 2008. Before Judges A.A. Rodríguez, Kestin and Newman. On appeal from the Tax Court of New Jersey, No. 007445-05. DDS No. 35-2-2454 [12 pp.]
Plaintiff Praxair Technology Inc. (PTI) is a wholly owned subsidiary of Praxair Inc. (parent company). PTI was incorporated, conducted all business, and placed all offices outside of New Jersey. PTI had no employees working in or conducting business in New Jersey. From 1994-99, PTI owned various patents, trade secrets and technologies relating to the manufacture and use of certain industrial gases. These intangible properties were licensed by PTI to the parent company, and the parent company implemented the properties at various facilities in New Jersey. PTI received substantial licensing fees from the parent company for the use of these properties. PTI has never had a physical presence in New Jersey and did not file Corporation Business Tax (CBT) returns for the 1994 through 1999 years. The parent company did have a presence in New Jersey and did file CBT returns.
