MORONEY v. DIRECTOR, DIV. OF TAX.


868 A.2d 1132 (2005)

376 N.J. Super. 1

John J. MORONEY and Mary T. Moroney, Plaintiffs-Respondents, v. DIRECTOR, DIVISION OF TAXATION, Defendant-Appellant. Thomas J. Denitzio and Susan B. Denitzio, Plaintiffs-Respondents, v. Director, Division of Taxation, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Argued February 14, 2005.

Decided March 14, 2005.


Attorney(s) appearing for the Case

Mala Narayanan, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Narayanan, on the brief).

Nathan G. Fink, Oradell, argued the cause for respondents John J. Moroney and Mary T. Moroney in A-3424-03T1.

Thomas J. Denitzio, pro se, respondent, in A-3423-03T1.

Before Judges LINTNER, PARKER and YANNOTTI.


Argued (A-3424-03T1) January 3, 2005.

Argued (A-2423-03T1) February 14, 2005.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

These related appeals concern the manner in which net gain from the sale or disposition of rental property should be determined under the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1, et seq. The Act provides in pertinent part that, in determining net gain or loss, the basis of the property...

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