TRUMP PLAZA ASSOCIATES v. DIRECTOR

No. 008825-2006, 008827-2006, 008826-2006

25 N.J. Tax 56 (2009)

TRUMP PLAZA ASSOCIATES, Plaintiff, v. DIRECTOR, DIVISION OF TAXATION, Defendant. TRUMP MARINA ASSOCIATES LP, Plaintiff, v. DIRECTOR, DIVISION OF TAXATION, Defendant. TRUMP TAJ MAHAL ASSOCIATES, Plaintiff, v. DIRECTOR, DIVISION OF TAXATION, Defendant.

Tax Court of New Jersey.

June 19, 2009.


Attorney(s) appearing for the Case

Stephen M. Orlofsky, Michael J. Semes, (admitted pro hac vice) and Robert P. Harrill, Jr. (admitted pro hac vice) for plaintiffs (Blank Rome LLP, attorneys).

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


SMALL, P.J.T.C.

These cases raise issues about the statute of limitations for refunds under the Sales and Use Tax Act. The applicable statute of limitations found in N.J.S.A. 54:32B-20(a) is four years. The Director of the Division of Taxation concedes that if the refund claims were timely filed they should be paid. The taxpayers concede that the claims for refund were filed more than four years after the taxes were paid. To be successful in their refund claim...

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