GP Burlington South, LLC v. Department of Taxes

¶ 1. Taxpayer GP Burlington South, LLC, 1 a private investment entity, appeals the superior court’s decision granting, in part, its claim for a refund of a portion of the land gains tax it paid in connection with the sale of its property. Because we conclude that the proceedings before the superior court were premature under the circumstances of this case, we reverse the court’s decision and remand the matter for a hearing before, and a determination by, the Commissioner.

¶2. In December 2000, taxpayer paid $8.3 million for a 20.58-acre industrial site located on the north and south sides of…