Sea-Land Service, Inc. v. Director, Division of Taxation

New Jersey Superior Court App Division

Sea-Land Service, Inc. v. Director, Division of Taxation

17 N.J. Tax 591

CourtNew Jersey Superior Court Appellate Division

DecidedFebruary 6, 1998

StatusPublished

This text of 17 N.J. Tax 591 (Sea-Land Service, Inc. v. Director, Division of Taxation) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sea-Land Service, Inc. v. Director, Division of Taxation, 17 N.J. Tax 591 (N.J. Ct. App. 1998).

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Opinion

PER CURIAM.

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 plaintiffs argument, concluding that the Director had “satisfied N.J.S.A. 54:49 — 16[(b)] fully in allowing only an offset of plaintiffs own premerger deficiencies with plaintiffs 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.

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PER CURIAM.

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 plaintiffs argument, concluding that the Director had “satisfied N.J.S.A. 54:49 — 16[(b)] fully in allowing only an offset of plaintiffs own premerger deficiencies with plaintiffs 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.

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17 N.J. Tax 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sea-land-service-inc-v-director-division-of-taxation-njsuperctappdiv-1998.

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