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PLAYMATES TOYS v. DIRECTOR OF TAX.

720 A.2d 655 (1998)

316 N.J. Super. 509

PLAYMATES TOYS, INC., Plaintiff-Appellant, v. DIRECTOR, DIVISION OF TAXATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Michael A. Guariglia, Newark, for plaintiff-appellant (McCarter & English, attorneys; Frank A. Racaniello, on the brief).

Marlene G. Brown, Deputy Attorney General, for defendant-respondent (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Brown, on the brief).

Before Judges HAVEY, LESEMANN and PAUL G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Playmates Toys, Inc. overpaid its corporate tax liability for 1989 and 1990, but the statute of limitations had expired by the time it sought a refund. When the Division of Taxation discovered it had erroneously refunded $63,463 it ordered the return of the refunded sum. Playmates contested the Division's order in the Tax Court, but summary judgment was granted to the Division, and Playmates appeals. Although...

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