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BOOTH v. DIR., DIV. OF TAXATION

DOCKET NO. 015173-2012

27 N.J. Tax 600 (2014)

ESTATE OF LILLIAN GARIS BOOTH, PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

Decided: February 11, 2014.

Attorney(s) appearing for the Case

Angela C. Titus McEwan, for plaintiff (Archer & Greiner P.C., attorney).

Heather Lynn Anderson, for defendant (John J. Hoffman, Acting Attorney General of New Jersey, attorney).

SUNDAR, J.T.C.

Plaintiff ("Estate") moved for partial summary judgment contending that defendant's computation of the New Jersey estate tax without inclusion of a federally allowed marital deduction is improper as a matter of law. It argues that the New Jersey estate tax is dependent upon the federally calculated and allowed State death tax credit, therefore, defendant ("Taxation") is bound by the federal estate tax determinations of, and by, the Internal Revenue...

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