MILLWORK INSTAL. v. DEPT. OF TREAS.

No. 016329-2009.

25 N.J. Tax 452 (2010)

MILLWORK INSTALLATION, INC., T/A MIDWEST INSTALLATION, Plaintiff, v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY, DIVISION OF TAXATION, Defendant.

Tax Court of New Jersey.

July 16, 2010.


Attorney(s) appearing for the Case

Jeanine D. Clark for plaintiff (Margolis Edelstein, attorneys).

Michael J. Duffy for defendant (Paula T. Dow, Attorney General of New Jersey, attorney).


DeALMEIDA, P.J.T.C.

The issue before the court is whether R. 4:50-1 vests this court with jurisdiction to vacate a Certificate of Debt issued against a taxpayer by the Director, Division of Taxation pursuant to N.J.S.A. 54:49-12. For the reasons stated more fully below, the court concludes that a taxpayer may not use R. 4:50-1 as a vehicle for challenging the validity of a Certificate of Debt issued by the Director. Plaintiff's complaint, therefore...

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