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BORDENTOWN REAL ESTATE v. DIRECTOR

No. 000133-2008

24 N.J. Tax 561 (2009)

BORDENTOWN REAL ESTATE ASSOCIATES, LLC AND RISING SUN 295 PLAZA, LLC, PLAINTIFFS, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

March 17, 2009.

Attorney(s) appearing for the Case

Bruce M. Sattin for plaintiffs (Szaferman, Lakind, Blumstein & Blader, P.C., attorney).

Marikae Toye for defendant (Anne Milgram, Attorney General of New Jersey, attorney).

SMALL, P.J.T.C.

The taxpayers in this case challenge the Director of the Division of Taxation's (the "Director") denial of their application for a refund of that portion of the Realty Transfer Fee ("RTF") known as the mansion tax. The Director denied the refund because the property had been classified by the assessor of Bordentown Township as commercial property which is subject to the mansion tax. The taxpayers argue that the property which was transferred should...

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