Legal Opinion

Chicago Five Portfolio, LLC v. Director, Division of Taxation

New Jersey Tax Court

Decided December 11, 2008PublishedCited by 1 opinion

1Opinion of the Court

BIANCO, J.T.C.

Pursuant to the provisions set forth in N.J.S.A. 46:15-7.4, plaintiff, Chicago Five Portfolio, LLC, (hereinafter “Chicago Five”), seeks a refund of $174,000 paid pursuant to N.J.S.A. 46:15-7.2 (commonly referred to as “the Mansion Tax”) as part of the realty transfer fees1 on its purchase of Class 4A commercial property2 located at 550 Main Street, Fort Lee, New Jersey (hereinafter “the Property”). Defendant, Director of the New Jersey Division of Taxation (hereinafter “the Director”), asserts that a refund of the Mansion Tax is not warranted since the contract for the purchase…

2Cases cited20 opinions

  1. Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
  2. Judson v. Peoples Bank & Trust Co. of WestfieldSupreme Court of New Jersey · 1954
  3. Department of Revenue of Ore. v. ACF Industries, Inc.Supreme Court of the United States · 1994
  4. Weichert Co. Realtors v. RyanSupreme Court of New Jersey · 1992
  5. County of Morris v. FauverSupreme Court of New Jersey · 1998

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3Cited by1 opinion

  1. Wells Reit v. Dir., Div. of Tax.New Jersey Superior Court Appellate Division · 2010

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