Bonda v. Director, Division of Taxation

22 N.J. Tax 77
CourtNew Jersey Tax Court
DecidedNovember 17, 2004
StatusPublished
Cited by1 cases

This text of 22 N.J. Tax 77 (Bonda v. Director, Division of Taxation) is published on Counsel Stack Legal Research, covering New Jersey Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bonda v. Director, Division of Taxation, 22 N.J. Tax 77 (N.J. Super. Ct. 2004).

Opinion

KAHN, J.T.C.

Plaintiff (taxpayer) has appealed the denial by the defendant (Director) of her application for a homestead rebate provided by N.J.S.A. 54:4-8.59, et seq., for the year 2001. Defendant alleges (1) that taxpayer failed to apply for her homestead rebate in a timely manner, and (2) that taxpayer failed to file her appeal from the Director’s denial within the required 90 days. For the reasons hereinafter set forth, this court must dismiss taxpayer’s complaint.

Taxpayer is seventy-two years old. Her total gross income for 2001 was $13,733. Taxpayer claims she has no one but her elderly brother, who lives in California, and holds a power of attorney over her affairs. Taxpayer has a wide array of medical conditions: a chronic thyroid condition, bipolar disorder, hyper-somnolence, narcolepsy and signs of low-level myocardial injury. She was on social security disability from 1989 until her 65th birthday. Last year, she sold her home due to her inability to maintain the property on her social security income.

Taxpayer testified that she requested two consecutive extensions to file her federal income tax return. She produced documentary evidence of an extension to August 15, 2002 (which would include an extension within which time to file the New Jersey income tax return).2 She testified that she received a second extension for an indefinite period, but produced no documentary evidence. She filed all of her returns on December 22, 2002, which she contended was within the time limit of the second extension.

On April 30, 2003, taxpayer received a letter denying her rebate request because of her untimely filing. No other reason was included. The letter indicated that any appeal from the Director’s determination “must be received by the Tax Court within 90 days of the date” of the final determination letter, which would be July 29, 2003. The letter further indicated that an appeal should be [80]*80directed to “Office of the Clerk, Tax Court of New Jersey, Hughes Justice Complex, PO Box 972, Trenton, N.J. 08625.”

There is no dispute that on June 12, 2003, taxpayer (within the 90-day period) directed a letter, which clearly indicated an intention to appeal, to the Department of the Treasury (Division of Taxation, PO Box 253, Trenton, New Jersey 08695-0253) and not to the Clerk of the Tax Court. On July 18, 2003, taxpayer received a notice from the New Jersey Division of Taxation, stating: ‘We have received your correspondence regarding the Homestead Rebate Program. Due to the current volume of mail, additional time will be required to process your correspondence.” Taxpayer testified that on September 11, 2003, she spoke with a woman, named Simone Alexander, employed by the Tax Court Management Office, who indicated that taxpayer’s papers had never been received by the Tax Court.

Taxpayer testified that subsequent thereto, with help from the Fairlawn Tax Assessor’s Office, she filed a letter, in the nature of an appeal, to the Tax Court, on September 30, 2003, two months after the expiration of the 90 days. Although taxpayer’s conversation of September 11, 2003 with a representative of the Tax Court was clearly past the aforementioned 90-day period, taxpayer indicated that she would have filed sooner, if she had not been admitted into an inpatient epilepsy monitoring program on September 19, 2003, further past the expiration of 90 days.

Homestead Rebate Filing Date

In New Jersey, when a taxpayer receives a four-month extension to file the federal income tax return, the taxpayer is automatically granted a four-month extension to file the New Jersey income tax return. A taxpayer must attach a copy of the federal application that grants the automatic extension and enclose the copy with the final federal and State returns. If taxpayer receives an additional extension, a copy of such additional extension must also be included when filing.

N.J.S.A. 54:4-8.62 states that a “rebate application must be submitted as part of the claimant’s New Jersey gross income tax return or, if the claimant is not required to file a gross income tax [81]*81return, on any form and at any time as the Director of the Division of Taxation may prescribe.” The State of New Jersey website posts, that when applying for a homestead rebate:

If you are required to file a New Jersey income tax return, you must complete the homestead rebate application and file it at the same time you file your New Jersey income tax return (generally April 15). If you have requested an extension of time to file your State income tax return, the filing deadline for your rebate application is also extended. File your rebate application with your State income tax return on or before the extended due date.

Hence, a homestead rebate application must be considered timely if it was filed concurrently with a State income tax return, if the taxpayer had requested and had been granted either a State or federal income tax return extension.

In the present case, taxpayer submitted proof that a four-month extension had been filed and approved, and claimed that a second, indefinite extension was granted. However, a May 21, 2003 letter to the taxpayer from the Department of the Treasury (Internal Revenue Service) indicated that an extension was granted up to August 15, 2002. Taxpayer provided no additional corroboration of her claimed second extension. Although there is no dispute that taxpayer filed her income tax returns, including the rebate application, on December 22, 2002, such filing is approximately five months after the deadline, based upon the acknowledged extension. This court finds, therefore, that taxpayer has failed to prove an additional extension, rendering untimely her filing of the rebate application on December 22, 2002.

N.J.S.A. 54:4-8.62 provides that in the case of an untimely filing, “the Director shall, for good cause shown extend the time of any applicant to file a claim for a homestead rebate for a reasonable period.” In Hovland v. Director, Div. of Taxation, 6 N.J.Tax 473 (Tax 1984), aff'd, 204 N.J.Super. 595, 499 A.2d 1017 (App.Div. 1985), certif. denied, 102 N.J. 400, 508 A.2d 258 (1986), the Tax Court found that a liberal construction of the term “good cause” was necessary in order to uphold the statutes legislative objective “to relieve homeowners of [aj portion of local property tax burden and, in addition, provide relief to the elderly, disabled and, in certain circumstances, spouses of decedents.... ” Hovland, 6 N.J.Tax at 480. In Hovland, taxpayer had been diagnosed with [82]*82cancer of the spine and had been continuously hospitalized in extreme pain. During his hospitalizations, his wife took care of their simple financial affairs and placed more complicated matters on hold until his return. When taxpayer returned from the hospital, he completed his homestead rebate application from his bed and submitted the application one day late. The court held that “good cause” should be determined on a case-by-case basis, and after considering the circumstances of the case, ordered that the Director make payment of taxpayers homestead rebate. Id. This was a sharp break from the holding in Perrine v. Taxation Div. Director, 4 N.J.Tax

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22 N.J. Tax 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonda-v-director-division-of-taxation-njtaxct-2004.