MILLER v. DIRECTOR, DIV. OF TAXATION


20 N.J. Tax 482 (2001)

RICHARD S. MILLER AND SHARON S. MILLER, PLAINTIFFS, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

Formal Opinion: January 24, 2003.


Attorney(s) appearing for the Case

Steven A. Weissberger for plaintiff (Williams, Caliri, Miller, Otley & Stern, P.C., attorneys).

Mala Narayanan for defendant (David Samson, Attorney General of New Jersey, attorney).


KUSKIN, J.T.C.

Plaintiffs challenge an assessment by defendant Director under the Gross Income Tax Act, N.J.S.A. 54A:1-1 to:10-12. The assessment included, as partnership income taxable to plaintiff Richard Miller, discharge of indebtedness income which resulted from a negotiated reduction in the principal balance of a mortgage. The mortgage encumbered an office building owned by a real estate partnership of which Mr. Miller was a member. The parties have filed...

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