EQUITABLE LIFE MORT. AND REALTY INVESTORS v. N.J. DIV. OF TAXATION


151 N.J. Super. 232 (1977)

376 A.2d 966

THE EQUITABLE LIFE MORTGAGE AND REALTY INVESTORS, A MASSACHUSETTS BUSINESS TRUST, PLAINTIFF-APPELLANT, v. NEW JERSEY DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1977.


Attorney(s) appearing for the Case

Mr. James F. Keegan argued the cause for the appellant (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Gerald C. Neary and Mr. James F. Keegan on the brief).

Mr. Douglas G. Sanborn, Deputy Attorney General, argued the cause for the respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Richard B. Gelfond, Deputy Attorney General, and Mr. Douglas G. Sanborn, Deputy Attorney General, on the brief).

Before Judges FRITZ, ARD and PRESSLER.


The opinion of the court was delivered by PRESSLER, J.A.D.

Plaintiff Equitable Life Mortgage and Realty Investors (Equitable), a Massachusetts investment trust, appeals from an order of the Superior Court, Chancery Division, dismissing its declaratory action complaint by which it sought to enjoin the New Jersey Division of Taxation (Division) from enforcing a tax assessment made against it pursuant to the Corporation Income Tax Act (1972), N.J.S.A. 54:10E-1...

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