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New Jersey Tax Court Bars State From Taxing Installment Payments for Winning Lottery Bought Before 2009 Change in State Law

The State of New Jersey taxes lottery winnings, but only after the state changed its tax law in 2009.  Several plaintiffs challenged various ways that the state attempted to collect taxes on winnings that were based on lotteries won, or lottery tickets purchased, before the 2009 change in the law, and last week the state’s tax court ruled in their favor.  One opinion in particular may be of interest to Secondary Insurance Market Blog readers, in that the lottery winners chose to receive the payments over time, and the New Jersey Tax Court ruled that those payments, which will continue for another decade, will remain tax-free.  That opinion is Milligan v. Director, Division of Taxation, Docket Nos. 007048-2001/001337-2012/000524-2013/000046-2014/000202-2015 (N.J. Tax Court Sept. 26, 2016), and the companion opinions are Leger v. Director, Division of Taxation, Docket No. 007706-2011 (N.J. Tax Court Sept. 26, 2016), and Harrington v. Director, Division of Taxation, Docket No. 009529-2011 (N.J. Tax Court Sept. 26, 2016).

A New Jersey Law Journal article on the subject is available here.

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