WELLS REIT II v. DIR., DIV. OF TAX.

Nos. A-5276-07T3, A-3381-08T3.

25 N.J. Tax 537 (2010)

WELLS REIT II—80 PARK PLAZA, LLC, Plaintiff-Appellant, v. DIRECTOR, DIVISION OF TAXATION, Defendant-Respondent. CHICAGO FIVE PORTFOLIO, LLC, Plaintiff-Respondent, v. DIRECTOR, DIVISION OF TAXATION, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 2010.


Attorney(s) appearing for the Case

Joseph A. Boyle , argued the cause for appellant Wells Reit-80 Park Plaza, LLC, in A-5276-07T3 (Kelley Drye & Warren, attorneys; Mr. Boyle and Vincent P. Rao, II , on the briefs).

Heather Lynn Anderson , Deputy Attorney General, argued the cause for appellant in A-3381-08T3 and respondent in A-5276-07T3 ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Anderson , on the briefs).

Robert L. Selvers , argued the cause for respondent Chicago Five Portfolio, Inc. in A-3381-08T3 (Wilentz, Goldman & Spitzer, attorneys; Mr. Selvers , on the brief).

Before Judges RODRÍGUEZ, REISNER and CHAMBERS.


The opinion of the court was delivered by

A.A. RODRÍGUEZ, P.J.A.D.

In this opinion, we address conflicting Tax Court decisions regarding a 2006 legislative amendment1 to New Jersey's realty transfer fee on property purchases over $1,000,000, also known as the "Mansion Tax," N.J.S.A. 46:15-7.2. This amendment, codified as N.J.S.A. 46:15-7.4, provides a refund of the Mansion Tax to contracts for commercial properties...

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