WELLS REIT 11-80 PARK PLAZA, LLC v. DIRECTOR, DIV. OF TAX.


24 N.J. Tax 98 (2008)

WELLS REIT 11-80 PARK PLAZA, LLC, PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey

Decided May 23, 2008.


Attorney(s) appearing for the Case

Joseph A. Boyle for plaintiff (Kelley, Drye & Warren, LLP, attorneys).

Heather Lynn Anderson for defendant (Anne Milgram, Attorney General of New Jersey, attorney).


KUSKIN, J.T.C.

Plaintiff seeks a refund under N.J.S.A. 46:15-7.4 of tax in the sum of $1,475,000 that it paid pursuant to N.J.S.A. 46:15-7.2 in connection with its purchase of an office building property. The tax imposed by N.J.S.A. 46:15-7.2 is commonly referred to as the "mansion tax." Defendant, Director of the New Jersey Division of Taxation ("Director"), contends that no refund is payable because, as a result of a price change effected by...

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