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Sea-Land Serv. v. Dir., Div. of Tax

Superior Court of New Jersey, Appellate Division
Feb 6, 1998
17 N.J. Tax 591 (Tax 1998)

Opinion

Argued January 26, 1998

Decided February 6, 1998

Before Judges SKILLMAN, EICHEN and STEINBERG.

Michael A. Guariglia, argued the cause for appellant ( McCarter English, attorneys; Mr. Guariglia, of counsel and on the brief; John K. Bradley also on the brief). Marlene G. Brown, Deputy Attorney General, argued the cause for respondent ( Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Brown, on the brief).


Plaintiff Sea-Land Service, Inc. appeals from a final judgment entered in the Tax Court granting summary judgment to defendant Director, Division of Taxation. Plaintiff had argued that it was entitled to offset its overpayment of corporate business taxes (CBT) against tax liabilities it incurred as the result of its merger with its parent company and a subsidiary company. In a comprehensive published opinion, the Tax Court judge rejected plaintiff's argument, concluding that the Director had "satisfied N.J.S.A. 54:49-16[(b)] fully in allowing only an offset of plaintiff's own pre-merger deficiencies with plaintiff's overpayments . . . [and that the CBT] deficiencies of the other two entities cannot be offset with these funds." Sea-Land Service, Inc. v. Director, Division of Taxation, 16 N.J.Tax 132 , 137 (Tax 1996).

We affirm substantially for the reasons expressed by Judge Kahn in his opinion.

Affirmed


Summaries of

Sea-Land Serv. v. Dir., Div. of Tax

Superior Court of New Jersey, Appellate Division
Feb 6, 1998
17 N.J. Tax 591 (Tax 1998)
Case details for

Sea-Land Serv. v. Dir., Div. of Tax

Case Details

Full title:SEA-LAND SERVICE, INC., PLAINTIFF-APPELLANT, v. DIRECTOR, DIVISION OF…

Court:Superior Court of New Jersey, Appellate Division

Date published: Feb 6, 1998

Citations

17 N.J. Tax 591 (Tax 1998)