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Even in Bankruptcy, Prior Owner’s Failure to Respond to Ch. 91 Request Not Excused
The Tax Court once again dismissed an appeal for taxpayer’s failure to provide income and expense information pursuant to the municipality’s Ch. 91 request. In 975 Holdings, LLC v. Egg Harbor City, the prior owner of the subject property had filed for bankruptcy under Chapter 11 and plaintiff acquired the subject property in a bankruptcy... Read More
Borough’s Challenge to Change Assessment Unsuccessful
The Borough of Bergenfield filed appeals to the Tax Court challenging the judgments of the Bergen County Board of Taxation which reduced the assessments on two properties in tax year 2013. Dissatisfied with the county board’s decisions, the Borough took the appeals to the Tax Court and a trial was held in both cases. In... Read More
Intervention by Taxpayer Denied in New Jersey Tax Appeal
In another recent opinion, Farmland Dairies, Inc. v. Bor. of Wallington, the Tax Court of New Jersey addressed the actions of a non-party private taxpayer who filed a motion to intervene in a pending appeal of Farmland Dairies, Inc. Farmland Dairies, Inc. filed direct appeals to the tax court for tax years 2014, 2015, and 2016. A private... Read More
Expert’s Comparable Sales Approach Rejected for Rental Property
In a recent trial before the Tax Court, a taxpayer’s appeal challenging the assessment was unsuccessful due to the taxpayer’s failure to overcome the presumption of correctness. As mentioned many times on this blog, the burden of proving that the assessment is erroneous is on the taxpayer. To overcome that burden, the taxpayer must present credible evidence before... Read More
Tax Appeal Pilot Program Signed Into Law
Earlier this month, N.J. Governor Chris Christie signed into law S-1213/A-1591 which creates an “Assessment Demonstration Program” that could substantially change the property tax assessment and appeal process in New Jersey. The law was intended to determine if a more cost-effective and accurate property tax administration process could be achieved. a program referred to as... Read More
Time to start thinking about a 2013 property tax appeal
3rd Quarter tax bills have gone out. This is a time when people start thinking about filing tax appeal as they feel the pain of yet another increase in their property taxes. But, as so many frustrated taxpayers have learned, it is too late to file a tax appeal for 2012. They must wait until... Read More
Property Tax Exemption Denied to West Windsor Non-Profit
The New Jersey Supreme Court, reviewing multiple decisions by the Appellate Division and the Tax Court, held that West Windsor Township properly denied an exemption application from International Schools Services, Inc., (“ISS”) because the non-profit activities on its property were commingled with the for-profit ventures with which it had a “significant” and “substantial” involvement. That... Read More
Failure to Pay Taxes at Time of Appeal Proves Fatal to Commercial Property Owner
In consolidated matters, a New Jersey appeals court considered whether a State law requiring that all municipal taxes be current for the tax year under appeal may be relaxed. Pursuant to N.J.S.A. 54:51A-1(b): “At the time that a complaint has been filed with the Tax Court seeking review of judgment of county tax boards, all... Read More
Towns Nationwide Swamped with Property Tax Appeals
Bloomberg Businessweek recently discussed the impact that tax appeals are having on municipal budgets around the country. Towns are facing increased costs with decreasing revenues as property values plummet. According to the article, residential home values are 30% below their 2006 peaks and commercial properties are 43% below their 2007 peak. For more from the... Read More
