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N.Y. SUSQUEHANNA & WESTERN RAILWAY CORP. v. DIRECTOR, DIV. OF TAX.

22 N.J. Tax 501 (2005)

THE NEW YORK SUSQUEHANNA & WESTERN RAILWAY CORPORATION, PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

September 15, 2005.

Attorney(s) appearing for the Case

John K. Fiorilla for plaintiff (Watson, Stevens, Fiorilla & Rutter, LLP, attorneys).

Julian F. Gorelli for defendant (Peter C. Harvey, Attorney General of New Jersey, attorney).

MENYUK, J.T.C.

Plaintiff, New York Susquehanna & Western Railway Corporation, seeks to rescind certain additional assessments of Class II railroad property for tax years 2001 and 2002 and brings this appeal pursuant to N.J.S.A. 54:29A-31, a provision of the Railroad Tax Law of 1948, as amended and supplemented. N.J.S.A. 54:29A-1 to -77 (the "Act"). It is plaintiff's contention that it had entered into closing agreements with defendant for the tax...

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