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State v. Moriarty

New Jersey Superior Court, Appellate Division


Decided: September 16, 1968.

STATE OF NEW JERSEY, PLAINTIFF,
v.
JOSEPH V. MORIARTY, DEFENDANT. FRANK J. FARLEY, TREASURER OF THE COUNTY OF HUDSON, AND COUNTY OF HUDSON, PETITIONERS-RESPONDENTS, V. $168,400.97, AND FRANK S. TURBETT, JR., DISTRICT DIRECTOR OF INTERNAL REVENUE AND UNITED STATES OF AMERICA, CLAIMANTS-APPELLANTS. STATE OF NEW JERSEY, BY ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, PLAINTIFF, V. FRANK J. FARLEY, TREASURER OF THE COUNTY OF HUDSON, AND COUNTY OF HUDSON, DEFENDANTS

Goldmann, Kolovsky and Carton.

Per Curiam

[102 NJSuper Page 580]

We affirm essentially for the reasons stated by Judge Rosen in 97 N.J. Super. 458 (Law Div. 1967), deeming ourselves bound by what was said in Spagnuolo v. Bonnet, 16 N.J. 546, at page 558 et seq., and particularly page 560 (1954), as to the interpretation to be given N.J.S. 2 A:152-6 to 11, inclusive. In this connection we observe that § 6321 of the Internal Revenue Code of 1954 (26 U.S.C.A., § 6321) provides that the Government's jeopardy assessment "shall be a lien * * * upon all property and rights to property, whether real or personal, belonging to such person." (Italics ours) Under Spagnuolo title to the monies in question was no longer in Moriarty at the time the jeopardy assessment was made, but was then in the County of Hudson.

19680916


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