Harbor Tank Storage Co. v. City of Jersey City

New Jersey Tax Court

Harbor Tank Storage Co. v. City of Jersey City

15 A.2d 194, 18 N.J. Misc. 566, 1940 N.J. Misc. LEXIS 93

DecidedSeptember 10, 1940

StatusPublished

This text of 15 A.2d 194 (Harbor Tank Storage Co. v. City of Jersey City) 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

Harbor Tank Storage Co. v. City of Jersey City, 15 A.2d 194, 18 N.J. Misc. 566, 1940 N.J. Misc. LEXIS 93 (N.J. Super. Ct. 1940).

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Opinion

Quinn, President.

The city of Jersey City levied two personal property assessments against the petitioner for [567]*567the year 1938, based upon its supposed possession of taxable personalty at two locations in that city, one at Thirteenth street and the other at Warren street, the former in the sum of $275,000 and the latter, $160,000. Appeals from these assessments to the Hudson County Board of Taxation were dismissed.

The petitioner proved to our satisfaction at the hearing that it owned no property whatsoever in the respondent taxing district upon the assessing date. It operates storage tanks for hire at the locations referred to, for the warehousing of vegetable oils and molasses in bulk. The storage tanks and equipment are leased by the petitioner from the Delaware, Lackawanna and Western Bailroad, and from the American Sugar Company. Merchandise stored in the tanks does not belong to the petitioner. It is merely a bailee for hire. None of this proof was contradicted by the city at the hearing.

As personal property is subject to assessment only against the owner thereof, R. S. 54:4-1 (N. J. S. A. 54:4-1), no valid assessment is possible against petitioner. Petitioner is accordingly entitled to a judgment setting the assessments aside, as to it.

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Quinn, President.

The city of Jersey City levied two personal property assessments against the petitioner for [567]*567the year 1938, based upon its supposed possession of taxable personalty at two locations in that city, one at Thirteenth street and the other at Warren street, the former in the sum of $275,000 and the latter, $160,000. Appeals from these assessments to the Hudson County Board of Taxation were dismissed.

The petitioner proved to our satisfaction at the hearing that it owned no property whatsoever in the respondent taxing district upon the assessing date. It operates storage tanks for hire at the locations referred to, for the warehousing of vegetable oils and molasses in bulk. The storage tanks and equipment are leased by the petitioner from the Delaware, Lackawanna and Western Bailroad, and from the American Sugar Company. Merchandise stored in the tanks does not belong to the petitioner. It is merely a bailee for hire. None of this proof was contradicted by the city at the hearing.

As personal property is subject to assessment only against the owner thereof, R. S. 54:4-1 (N. J. S. A. 54:4-1), no valid assessment is possible against petitioner. Petitioner is accordingly entitled to a judgment setting the assessments aside, as to it.

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Bluebook (online)

15 A.2d 194, 18 N.J. Misc. 566, 1940 N.J. Misc. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harbor-tank-storage-co-v-city-of-jersey-city-njtaxct-1940.