Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Superior Court Refuses Inheritance Tax Appeal of Domestic Partnership

Author: Scarinci Hollenbeck, LLC

Date: November 27, 2015

Key Contacts

Back

NJ Supreme Court denies inheritance tax appeal

The New Jersey Supreme Court recently decided not to hear the appeal case filed by the federal pension beneficiary of a domestic partnership couple. According to a Law 360 report, Claudette A. Lugano was denied state inheritance tax exemption as a domestic partner because the Court ruled that she did not meet the requirements of the exemption in accordance with New Jersey state law.

Lugano’s argument for the state’s inheritance tax exemption

In Lugano v. Director, Division of Taxation, Lugano argued to the court that she was entitled to receive exemption from the state’s inheritance tax because she was a recognized domestic partner. According to a report a New Jersey firm specializing in elder law, Lugano’s point was that she had lived with her domestic partner for eight years. Her partner was also a federal employee, and thus the couple was required to file a form with the federal government to designate their relationship. After Lugano and her partner filed that form with the federal government, they were under the assumption that they had fulfilled the New Jersey requirements to designate their relationship as domestic partners.

The NJ court decides not to hear the appeal

After the initial case, the New Jersey Tax Court ruled that Lugano and her partner had not, in fact, filed the necessary forms required under the state Domestic Partnership Act. Therefore, the court held that Lugano would be required to pay the state’s inheritance tax as a Class D beneficiary of her domestic partner’s federal pension benefits.

The Appellate Division of the Superior Court of New Jersey then used this decision as the basis for declining to hear the appeal case. In its decision to throw out the appeal, the court asserted that the Tax Court was accurate in its decision that Lugano does not qualify for the inheritance tax exemption due to the fact that the couple did not fill out all the necessary forms, including an affidavit for domestic partnership within New Jersey.

Lugano had assumed that a domestic partnership declaration submitted to the Federal Reserve Bank should be sufficient to receive the tax exemption. However, the Superior Court ruled that this was only sufficient to be classified as a common law or de facto marriage, which was rejected by the state legislature for inheritance tax exemption. In turn, the Court also ruled that the New Jersey law is not applicable for federal pensions.

The ramifications

As a result of the decision not to hear the appeal, Lugano will be forced to pay more than $100,000 to the state of New Jersey as a Class D beneficiary, which comes with a 15 percent tax on inheritance, according to Forbes contributor Peter J Reilly, a certified public accountant.

From a broader perspective with domestic partnership couples, it is important to note that individuals who filed as couples for tax purposes with their companies prior to the domestic partner law will need to file an affidavit for their relationships. Otherwise, the partnership will not be recognized.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

Author: Dan Brecher

Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors post image

Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors

The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]

Author: Dan Brecher

Link to post with title - "Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors"
Corporate Consolidation and Antitrust Issues in Mergers post image

Corporate Consolidation and Antitrust Issues in Mergers

Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]

Author: Dan Brecher

Link to post with title - "Corporate Consolidation and Antitrust Issues in Mergers"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!