Everest Reinsurance Co. v. Newark Division of Tax Abatement & Special Taxes

SMALL, J.T.C.

The plaintiff, Everest Reinsurance Co. (“Everest”), seeks interest and attorneys’ fees incurred in connection with obtaining a refund of $847,359.95 in Newark City Payroll Tax, paid on December 22, 1997 and refunded on June 5, 1998. The Tax was imposed by Newark, N.J.Rev. Ordinance 10:6-3, originally enacted as 6S and FD021771 (Feb. 17, 1971) and subsequent Amendments, pursuant to N.J.S.A 40:480-14 to -19.

After paying the tax, Everest sued for a refund. On May 15, 1998, the return date of plaintiff’s summary judgment motion seeking the refund, interest, and attorneys’ fees, the…