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Playmates Toys v. Director, Div. of Taxation

Supreme Court of New Jersey
Dec 21, 1999
162 N.J. 186 (N.J. 1999)

Summary

recognizing that state agencies have the inherent power to correct clerical mistakes, especially where the agency has the responsibility to take in or disburse monies

Summary of this case from In re Contesting of Invoice for Fy 2019 Flemington Wet Weather Facility

Opinion

No. A-70 1998.

Argued September 27, 1999.

Decided December 21, 1999.

On certification to the Superior Court, Appellate Division, whose opinion is reported at 316 N.J. Super. 509 (1998).

Michael A. Guariglia argued the cause for appellant (McCarter English, attorneys; Mr. Guariglia and Margaret C. Wilson, on the briefs).

Marlene G. Brown, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Joseph L. Yannotti, Former Assistant Attorney General, of counsel).


We affirm the judgment of the Appellate Division allowing the Director of the Division of Taxation to recover a refund mistakenly paid to a taxpayer after the statute of limitations had passed on the taxpayer's right to seek a refund for overpayments in prior years. We do so substantially for the reasons stated by the Appellate Division in its opinion reported at 316 N.J. Super. 509 (1998). We add only that this judgment does not confer on the Division of Taxation an unlimited inherent authority to correct and revise erroneous tax determinations once made. The powers of the Division are not boundless. Rather, given the administrative history of the Division's earlier determination (communicated to the taxpayer) that the taxpayer was not entitled to a refund because of the statute of limitations, the recovery of the funds here is more akin to the correction of a clerical error that led to the mailing of a tax refund check to which the taxpayer was not entitled, rather than the correction of an error in judgment.See Lockwood v. Walsh, 137 N.J. Eq. 445, 450 (Prerog. Ct. 1946) (implying that State Tax Commissioner possesses inherent authority to correct error of mathematical calculation).

The judgment of the Appellate Division is affirmed.

CHIEF JUSTICE PORITZ and JUSTICES O'HERN, GARIBALDI, STEIN, COLEMAN, LONG, and VERNIERO — 7.

Opposed — none.


Summaries of

Playmates Toys v. Director, Div. of Taxation

Supreme Court of New Jersey
Dec 21, 1999
162 N.J. 186 (N.J. 1999)

recognizing that state agencies have the inherent power to correct clerical mistakes, especially where the agency has the responsibility to take in or disburse monies

Summary of this case from In re Contesting of Invoice for Fy 2019 Flemington Wet Weather Facility

relying upon Lockwood v. Walsh, 137 N.J. Eq. 445, 450 (Prerog. Ct. 1946)

Summary of this case from J&J Snack Food Sales Corp. v. Dir., Div. of Taxation
Case details for

Playmates Toys v. Director, Div. of Taxation

Case Details

Full title:PLAYMATES TOYS INC., a California corporation, Plaintiff-Appellant, v…

Court:Supreme Court of New Jersey

Date published: Dec 21, 1999

Citations

162 N.J. 186 (N.J. 1999)
742 A.2d 968

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