Bordentown Real Estate Associates, LLC v. Director, Division of Taxation

SMALL, P.J.T.C.

The taxpayers in this case challenge the Director of the Division of Taxation’s (the “Director”) denial of their application for a refund of that portion of the Realty Transfer Fee (“RTF”) known as the mansion tax. The Director denied the refund because the property had been classified by the assessor of Bordentown Township as commercial property which is subject to the mansion tax. The taxpayers argue that the property which was transferred should have been classified as industrial property which is *564not subject to the mansion tax. Both parties have moved for summary judgment.

Th…