Tide Water Associated Oil Co. v. Jersey City

• Decision Date: 05 March 1940
• Citation: 18 N.J.Misc. 137,11 A.2d 416
• Parties: TIDE WATER ASSOCIATED OIL CO. v. JERSEY CITY.
• Court: New Jersey Supreme Court

11 A.2d 416

18 N.J.Misc. 137

TIDE WATER ASSOCIATED OIL CO.

v. JERSEY CITY.

New Jersey Board of Tax Appeals.

March 5, 1940.

Syllabus by the Board.

An assessment upon personal property levied against a corporation shown not to have been the owner thereof upon the assessing date will be set aside as against such corporation; such an assessment will not be cancelled in its entirety, however, but may be corrected upon proof as to the true owner of the property, upon notice.

Proceeding in the matter of the application by the Tide Water Associated Oil Company before the State Board of Tax Appeals to cancel an assessment for the year 1937 on personalty situated in the City of Jersey City.

Assessment set aside, but jurisdiction over the proceedings reserved.

Edward P. Stout, of Jersey City, for petitioner.

James A. Hamill, by Frank P. McCarthy, both of Jersey City, for respondent.

QUINN, President.

Petitioner seeks, upon an amended petition of appeal to this board, to cancel and discharge an assessment levied against it for the year 1937 by the City of Jersey City, with respect to personal property situated in that taxing district, upon the ground that it was not the owner of the property with respect to which the assessment was levied, on October 1, 1936, the assessing date for the year in question.

Upon a prior application made by the petitioner for cancellation of the assessment upon the ground stated, we withheld any summary disposition of the application in favor of the petitioner, for the reason that it appeared that the granting of the application might result in the escape from taxation for the year 1937, of a substantial amount of personal property situated therein. Tide Water Associated Oil Company v. City of Jersey City (State Board), filed August 14, 1939. We said in that case:

"It is provided by P.L.1903, Ch. 208, Sec. 30 (R.S. 54:4-54 [N.J.S.A. 54:4-54]) that:

"'No assessment of real or personal property shall be considered invalid because listed or assessed in the name of one not the owner thereof, * * *.'

"The obvious error in the listing of the property in question against the Oil Company will not, therefore, invalidate the assessment. Following the practice adopted in a similar situation by the former Board of Equalization of Taxes, to the powers of which we have succeeded under P.L.1915, Ch. 244, and P.L.1931, Ch. 100 [N.J.S.A. 54:2-1 et seq.], the assessment will not be cancelled, but the City of Jersey City may amend its...