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EWH 1979 DEV. CO., L.P. v. STATE, DEPT. OF TREASURY, DIV. OF TAXATION

10 N.J. Tax 321 (1989)

EWH 1979 DEVELOPMENT COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND ERNEST W. HAHN, INC., A CALIFORNIA CORPORATION, PLAINTIFFS, v. THE STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF TAXATION AND R. PETER WIDIN, ACTING CLERK OF SOMERSET COUNTY, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANTS.

Tax Court of New Jersey.

January 27, 1989.

Attorney(s) appearing for the Case

Kevin J. Coakley for plaintiff (Connell, Foley & Geiser, attorneys).

Carolyn L. Lurry for defendant State of New Jersey, Department of the Treasury, Division of Taxation (Donald R. Belsole, Acting Attorney General of New Jersey, attorney).

Michael V. Camerino for defendant R. Peter Widin, Acting Clerk of Somerset County (William E. Ozzard, Somerset County Counsel, attorney).

LASSER, P.J.T.C.

Taxpayers contest the denial of their claim for refund of $149,100 in realty transfer fees paid on the recording of deeds conveying real property to a general partnership in which the grantor held a 50% interest. Taxpayer EWH 1979 Development Company, L.P. ("EWH"), a California limited partnership authorized to conduct business in New Jersey, entered into an agreement with Prudential Insurance Company of America ("Prudential") on October 17, 1986...

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