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    Filed August 17, 2000
    
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    
    No. 99-5082
    
    IN RE: CUSTOM DISTRIBUTION SERVICES INC., Debtor
    
    CITY OF PERTH AMBOY,
    
           Appellant
    
    v.
    
    CUSTOM DISTRIBUTION SERVICES, INC.
    
    Appeal from the United States District Court
    for the District of New Jersey
    (D.C. Civil Action No. 98-cv-04289)
    District Judge: Honorable Garrett E. Brown, Jr.
    
    Argued September 8, 1999
    
    Before: SLOVITER and ROTH, Circuit Judges
    POGUE,1 Judge
    
    (Opinion filed: August 17, 2000)
    
    Robert J. Cirafesi, Esquire (Argued)
    Alan J. Brody, Esquire
    Wilentz, Goldman & Spitzer
    90 Woodbridge Center Drive,
     Suite 900
    P.O. Box 10
    Woodbridge, New Jersey 07095
    
    
    
    _________________________________________________________________
    1. Honorable Donald C. Pogue, Judge for the United States Court of
    International Trade, sitting by designation.
    
    
           Barry W. Frost, Esquire (Argued)
           David A. Martin, Esquire
           Teich, Groh, Frost & Zindler
           691 State Highway 33
           Trenton, New Jersey 08619
    
            Attorneys for Appellee
    
           John B. Hall, Esquire (Argued)
           Sheila N. Maddox, Esquire
           McManimon & Scotland, L.L.C.
           One Riverfront Plaza, Fourth Floor
           Newark, New Jersey 07102
    
            Attorneys for Appellant
    
    OPINION OF THE COURT
    
    ROTH, Circuit Judge:
    
    This case involves a determination of a debtor's right to
    receive a refund and offset of certain real property taxes
    under the Bankruptcy Code. The District Court affirmed
    the Bankruptcy Court's redetermination of Custom
    Distribution Services' ("Custom") real estate tax liability and
    order of refund and offset of any overpayment of those
    taxes. The City of Perth Amboy (City) appealed, contending
    that the Bankruptcy Court did not have jurisdiction to
    entertain Custom's claim for refund and offset because
    Custom did not "properly request" refunds prior to filing its
    complaint in Bankruptcy Court as required by 11 U.S.C.
    S 505(a)(2)(B). The City also argues that Custom did not
    present sufficient evidence to establish property valuation
    different from that calculated by the City. For the reasons
    set out below, we will affirm in part and reverse in part.
    
    I. Factual and Procedural History
    
    In August 1981, Custom Distribution Services, Inc.,
    purchased 22.5 acres of land containing approximately 15
    structures in Perth Amboy, New Jersey. In 1987, Custom
    and the previous owner of the site, National Lead
    Industries, jointly commissioned Killiam Associates to
    
                                    2
    
    
    conduct an environmental study of the site. The 1989
    Killiam Report ("Report") concluded that soil and
    groundwater remediation would be necessary before any
    redevelopment of the site could commence.
    
    In 1992, the United States Environmental Protection
    Agency identified Custom and National Lead Industries as
    potentially responsible parties for the contamination of the
    property under the Comprehensive Environmental
    Response, Compensation and Liability Act of 1980
    (CERCLA), 42 U.S.C. S 9606 et seq. The property was
    subsequently put on the National Priority List pursuant to
    42 U.S.C. S 9605(8) and is listed as a "Superfund Site." The
    property was also put on the Comprehensive Site List with
    the New Jersey Department of Environmental Protection
    under the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et
    seq.2
    
    On March 28, 1994, Custom filed a complaint in the Tax
    Court of New Jersey against the City, claiming that the City
    had overvalued the property for the 1994 tax year. Custom
    sought a reduction of that year's real property tax
    assessment and a refund of overpaid taxes with interest
    and costs. On May 23, 1995, however, the Tax Court
    dismissed the complaint at the request of Custom. Custom
    did not file tax appeals contesting the City's valuation of its
    property for any other years.
    
    On October 12, 1994, Custom filed a petition for
    reorganization under Chapter 11 of the Bankruptcy Code.
    In June 1996, it brought an adversary action against the
    City, seeking a reassessment of its municipal real estate tax
    obligations and tax refunds and/or tax offsets for the years
    1992 through 1997. For those years, the City had valued
    the property as follows:
    _________________________________________________________________
    
    2. Due to the environmental contamination, Custom was unable to sell
    the property and had to limit its own use of it. In November 1994,
    Custom filed a complaint against National Lead Industries in the
    Superior Court of New Jersey, Chancery Division, alleging, inter alia,
    that National was responsible for the contamination and liable in
    damages to Custom. The action was later removed to the United District
    Court for the District of New Jersey. See Custom v. NL Industries, No. 96-
    1237, Mem. Op. (N.J. Jan. 6, 1997).
    
                                    3
    
    
           1992--$3.82 million
           1993--$3.82 million
           1994--$3.84 million
           1995--$3.84 million
           1996--$3.84 million
           1997--unavailable
    
    Custom had made the following payments:
    
           1992--paid in full
           1993--paid in full
           1994--paid in full
           1995--partially paid
           1996--unpaid
           1997--unpaid
    
    At the evidentiary hearing before the Bankruptcy Court,
    Custom presented a real estate expert to testify about the
    effects of environmental contamination on the value of the
    property. The City objected that the expert was not
    qualified to offer testimony on environmental contamination
    and clean-up costs. It also objected to the expert's reliance
    in his testimony on the Killiam Report and on letters from
    the Environmental Protection Agency and the New Jersey
    Department of Environmental Protection because the
    Report and the letters had not been admitted into evidence.
    The court overruled both objections.
    
    The Bankruptcy Court issued its opinion on December
    17, 1997. The court determined, inter alia, that the
    property was contaminated and stigma attached to the
    property, causing a diminution in the value of the property.
    The court held that it had discretion to reduce Custom's tax
    assessments for the 1992 through 1997 tax years pursuant
    to 11 U.S.C. S 505. On February 25, 1998, the Bankruptcy
    Court entered an order reducing the valuation of Custom's
    property as follows:
    
           1992--$1,071,808.00
           1993--$1,070,936.00
           1994--$1,017,808.00
           1995--$1,007,592.00
           1996--$1,024,984.00
           1997--$1,020,819.00
    
                                    4
    
    
    The City was ordered to reassess Custom's real estate tax
    obligations based on the new valuations and to refund any
    overpayments, less any amount of "taxes, interest, or both,
    which may be applied against any other delinquencies,
    including water and sewer charges."
    
    The City moved for reconsideration. Upon denial by the
    Bankruptcy Court, an appeal was taken to the District
    Court. In its brief and at oral argument, the City for the
    first time argued that 11 U.S.C. S 505(a)(2)(B) precluded the
    Bankruptcy Court from deciding Custom's right to a refund
    because Custom did not make proper refund requests
    under New Jersey law for any of the years at issue. The
    District Court rejected this argument and ruled that
    S 505(a)(2)(B) was not a jurisdictional statute but a defense
    that the City waived by not raising below. In Ordersfiled on
    January 19, 1999, and February 5, 1999, the District Court
    affirmed the judgment of the Bankruptcy Court.
    
    The City now appeals to this Court.
    
    II. Standard of Review
    
    We exercise plenary review of the District Court's
    determinations reviewing the order of the Bankruptcy
    Court. See In re Trans World Airlines Inc., 145 F.3d 124,
    130 (3d Cir. 1998). We review the Bankruptcy Court's legal
    determinations de novo, its factual findings for clear error,
    and its exercise of discretion for abuse thereof. Id. at 131.
    
    III. Discussion
    
    A. Jurisdiction to Adjudicate Tax Refunds under 11
           U.S.C. S 505(a)
    
    Section 505(a) of the Bankruptcy Code permits the
    bankruptcy court to adjudicate a debtor's tax liability. It
    states:
    
           (1) Except as provided in paragraph (2) of this
           subsection, the court may determine the amount or
           legality of any tax, any fine or penalty relating to a tax,
           or any addition to tax, whether or not previously
           assessed, whether or not paid, and whether or not
    
                                    5
    
    
           contested before and adjudicated by a judicial or
           administrative tribunal of competent jurisdiction.
    
           (2) The court may not so determine--
    
           (A) the amount or legality of a tax, fine, penalty, or
           addition to tax if such amount or legality was
           contested before and adjudicated by a judicial or
           administrative tribunal of competent jurisdiction
           before the commencement of the case under this
           title; or
    
           (B) any right of the estate to a tax refund, before the
           earlier of--
    
            (i) 120 days after the trustee properly reques ts
           such refund from the governmental unit from
           which such refund is claimed; or
    
            (ii) a determination by such governmental unit  of
           such request.
    
    11 U.S.C. S 505 (1993). We have consistently interpreted
    S 505(a) as a jurisdictional statute that confers on the
    bankruptcy court authority to determine certain tax claims.
    In Quattrone Accountants, Inc., v. Internal Revenue Service,
    895 F.2d 921, 923 (3d Cir. 1990), we stated: "when we
    review how the language and purpose of Section 505 has
    evolved, we conclude that Section 505 was intended to
    clarify the bankruptcy court's jurisdiction over tax claims
    . . . ." See also In re H & H Beverage Distributors, 850 F.2d
    165, 166-67 (3d Cir. 1998); In the Matter of Ribs-R-Us, Inc.,
    828 F.2d 199, 202 (3d Cir. 1987).3
    
    It is undisputed by either party that the Bankruptcy
    Court had jurisdiction, pursuant to S 505(a)(1), to reduce
    Custom's property tax assessments for the 1992 through
    1997 tax years. The more difficult task lies in defining the
    precise contours of the jurisdictional grant embodied in
    _________________________________________________________________
    
    3. Because S 505 is a jurisdictional statute that defines the bankruptcy
    court's power to adjudicate tax claims, and as such is not waivable and
    may be raised at any time, including on appeal, see Weaver v. Bowers,
    657 F.2d 1356, 1360 (3d Cir. 1981) (en banc), we need not reach the
    question of whether the City properly preserved itsS 505(a)(2)(B) claim
    for appeal.
    
                                    6
    
    
    S 505 with regard to refunds and offsets of taxes already
    paid by Custom. Although the bankruptcy court is given
    broad discretion to determine the debtor's tax liability in
    S 505(a)(1), S 505(a)(2)(B) precludes the bankruptcy court
    from determining the right of the estate to a tax refund
    before the earlier of 120 days after the trustee properly files
    a tax refund claim or a determination by the taxing
    authority denying the tax refund request. The City contends
    that the S 505(a)(2)(B) limitation on the bankruptcy court's
    jurisdiction applies here because Custom failed to contest
    the City's valuation pursuant to N.J.S.A. 54:3-21, which
    provides that a taxpayer must file an appeal to the county
    board of taxation on or before April 1 of the tax year, or 45
    days from the time notices of assessment are mailed. 4
    According to the City, because Custom did not comply with
    state procedural requirements and request a reassessment
    for any of the tax years at issue, it failed to"properly
    request" refunds as required by S 505(a)(2)(B)(i). The
    Bankruptcy Court, the City therefore concludes, was
    without jurisdiction to order the City to refund any
    overpayments made by Custom.5
    _________________________________________________________________
    
    4. N.J.S.A. 54:3-21 reads in pertinent part:
    
           (Appeal by taxpayer or taxing district; petition; complaint; transfer;
           extension of filing date): A taxpayer feeling aggrieved by the assessed
           valuation of his property, or feeling that he is discriminated against
           by the assessed valuation of other property in the county, or a
           taxing district which may feel discriminated against by the assessed
           valuation of property in the taxing district, or by the assessed
           valuation of property in another taxing district in the county, may
           on or before April 1, or 45 days from the date the bulk mailing of
           notification of assessment is completed in the taxing district,
           whichever is later, appeal to the county board of taxation by filing
           with it a petition of appeal . . . .
    
    Stat. Ann.S 54:3-21.
    
    5. The Bankruptcy Court found, and the City does not contest, that the
    jurisdictional limitation imposed by S 505(a)(2)(A) is not implicated here.
    Although Custom did file a complaint in the Tax Court appealing the
    City's assessment of its real estate tax liability for 1994, the complaint
    was voluntarily dismissed by Custom before the Tax Court reached the
    merits. The withdrawal of a municipal tax appeal by the taxpayer does
    not constitute "adjudication" for the purposes of S 505(a)(2)(A). Curtiss
    
                                    7
    
    
    In evaluating the City's claim that the "properly requests"
    requirement of S 505(a)(2)(B)(i) requires the debtor to file a
    claim for refund in accordance with the procedures set out
    by the taxing authority, we begin with the plain language of
    the statute. Idahoan Fresh v. Advantage Produce Inc., 157
    F.3d 197, 202 (3d Cir. 1998) ("[E]very exercise of statutory
    interpretation begins with the plain language of the statute
    itself.") (citations omitted); see also Consumer Prod. Safety
    Comm'n v. GTE Sylvania, Inc., 447 U.S. 102, 108 (1980)
    ("We begin with the familiar canon of statutory construction
    that the starting point for interpreting a statute is the
    language of the statute itself."). On its face, the phrase
    "properly requests" is susceptible to more than one
    meaning. A broad reading would permit the bankruptcy
    court to exercise jurisdiction if the debtor or trustee
    commenced an adversary proceeding under S 505. It may
    also be understood to mean compliance with the taxing
    authority's procedural requirements. See In re St. John's
    Nursing Home, Inc., 154 B.R. 117, 125 (Bankr. D. Mass.
    1993), aff 'd, 169 B.R. 795 (D. Mass. 1994) ("The adverb
    `properly' connotes correctness and dictates conformity with
    the government unit's procedures. If the statute did not
    have this meaning, the word properly would be
    superfluous."). Because the language of S 505(a)(2)(B)(i) is
    unclear, we proceed to its legislative history for guidance.
    
    Section 2a(2A) of the prior Bankruptcy Act was the
    precursor to S 505. It gave the bankruptcy court
    jurisdiction to:
    
           [h]ear and determine, or cause to be heard and
           determined, any question arising as to the amount or
           legality of any unpaid tax, whether or not previously
           assessed, which has not prior to bankruptcy been
           contested before and adjudicated by a judicial or
           administrative tribunal of competent jurisdiction, and
    _________________________________________________________________
    
    Wright Corp. v. Wood-Ridge Borough, 4 N.J. Tax 68, 79 (N.J. Tax 1982).
    See also In re Buchert, 69 B.R. 816 (Bankr. N.D. Ill. 1987), aff 'd, WL
    16019 (N.D. Ill. Aug. 19, 1987) (actual litigation necessary to trigger the
    application of S 505(a)(2)(A)); In re Tapp , 16 B.R. 315 (Bankr. D. Alaska
    1981) (same).
    
                                    8
    
    
           in respect to any tax, whether or not paid, when any
           such question has been contested and adjudicated by
           a judicial or administrative tribunal of competent
           jurisdiction and the time for appeal or review has not
           expired, to authorize the receiver or the trustee to
           prosecute such appeal or review.
    
    11 U.S.C. S 2a(2A) (repealed 1978) (emphases added). The
    language of S 2a(2A) made clear that the grant of
    jurisdiction was limited to the adjudication of unpaid taxes
    or of refunds if the debtor was first refused a refund in a
    non-bankruptcy forum and the applicable appeals period
    had not expired.
    
    The enactment of S 505 in 1978 did not produce
    substantive changes. The bills filed both in the House and
    in the Senate precluded the bankruptcy court from
    exercising jurisdiction over refund claims unless the debtor
    had seasonably sought an appeal with the appropriate tax
    assessing entity.6 The report of the House Committee on the
    _________________________________________________________________
    
    6. The House bill provided, in pertinent part:
    
    S 505. Determination of tax liability.
    
           (a) The court may determine the amount or legality  of any unpaid
           tax, whether or not previously assessed, that has not been contested
           before and adjudicated by a judicial or administrative tribunal of
           competent jurisdiction before the commencement of the case under
           this title.
    
           (b) The trustee may prosecute an appeal or review of an adjudication
           by a judicial or administrative tribunal of competent jurisdiction of
           any tax, whether or not paid, if the time for appeal or review, as the
           case may be, of such adjudication has not expired before the date of
           the filing of the petition.
    
    H.R. 8200, 95th Cong, 2nd Sess. (1978) (emphasis added).
    
    The Senate bill provided, in part:
    
    S 505. Determination of tax liability.
    
           (a)(1) For purposes of determining any tax liabili ty of the estate or
           of the debtor:
    
           (A) The court in a case under this title may deter mine the liability
           of the debtor or the estate for--
    
                                    9
    
    
    Judiciary also reveals that S 505 was intended to make only
    stylistic changes to S 2a(2A):
    
           Subsections (a) and (b) are derived, with only stylistic
           changes, from section 2a(2A) of the Bankruptcy Act,
           added in 1966. They permit determination by the
           bankruptcy court of any unpaid tax liability of the
           debtor that has not been contested before or
           adjudicated by a judicial or administrative tribunal of
           competent jurisdiction before the bankruptcy case, and
           the prosecution by the trustee of an appeal from an
           order of such a body if the time for review or appeal
           has not expired before the commencement of the
           bankruptcy case.
    
    H.R. Rep. No. 95-595, 1977 WL 9628at *756 (1977).
    _________________________________________________________________
    
            (i) any tax, whether or not previously assesse d or paid; and
    
            (ii) the amount of any offset or counterclaim to or net
           overpayment of, the same tax for the same taxable period.
    
           (B) The court may not make any determination refer red to in
           subparagraph (A) concerning a tax incurred before the earlier of the
           order for relief or, in an involuntary case, the appointment of a
           trustee, if--
    
            (i) before such determination, a judicial or a dministrative
           tribunal of competent jurisdiction has determined any such
           liability;
    
            (ii) any administrative prerequisite to a refund of tax has not
           been satisfied, unless the refund results from an offset or
           counterclaim to a claim or request for payment made by a
           governmental unit;
    
            (iii) the debtor has initiated a proceeding in  the United States
           Tax Court, or a similar judicial or administrative tribunal under
           State or local law, to contest his liability for such tax; or
    
            (iv) the period provided under other applicabl e tax law for
           initiating a proceeding in any tribunal referred to in
           subparagraph (iii) has commenced but has not expired, unless
           the debtor notifies the court in the case under this title that he
           does not intent to initiate any such proceeding. . ..
    
    S. 2266, 95th Cong., 2d Sess. S 505 (1978) (emphases added).
    
                                    10
    
    
    The Senate Judiciary Committee Report contains
    identical language. S. Rep. No. 95-989, 1978 WL 8531 at
    **151-52 (1978). Further confirmation that the bankruptcy
    court's authority to determine refund rights are conditioned
    upon the debtor's compliance with the procedural
    requirements and limitation periods of the taxing authority
    can be found in the language that was proposed in 1999 to
    be added to S 505(a)(2). The proposed language provides
    that the bankruptcy court may not determine "(C) the
    amount or legality of any amount arising in connection with
    an ad valorem tax on real or personal property of the
    estate, if the applicable period for contesting or
    redetermining that amount under any law (other than a
    bankruptcy law) has expired." 145 Cong. Rec. H2655-02,
    H2688, 1999 WL 272237, at *267 (1999).
    
    Our analysis of the legislative history of S 505 and the
    conclusions we draw from it do not break new ground. In
    re Cumberland Farms, Inc., 175 B.R. 138 (Bankr. D. Mass.
    1991), was the first case in which there was analysis of
    S 505 and its legislative history. The debtor in Cumberland
    Farms sought refunds from 14 municipalities, protesting
    that the valuations of some 47 parcels of real estate were
    excessive. The debtor had paid the real estate taxes for the
    fiscal years 1988 through 1993, with the exception of the
    1992 taxes, but had not contested the taxes for any of
    those years in accordance with applicable Massachusetts
    law. The municipalities argued that the bankruptcy court
    lacked jurisdiction to order a refund because by failing to
    apply for abatements under Massachusetts law, the debtor
    did not "properly request" refunds as required by
    S 505(a)(2)(B)(i).
    
    The same Bankruptcy Judge, when faced with a similar
    set of issues in a previous case, had ruled that"S 505 gives
    the bankruptcy court jurisdiction to adjudicate taxes which
    were not seasonably contested." In re Ledgemere Land
    Corp., 135 B.R. 193, 198 (Bankr. D. Mass. 1991). But in
    Cumberland, he reversed his position after examining the
    legislative history of S 505: "The conclusion is inescapable.
    Although the final version of section 505 was a compromise
    on some matters, both houses agreed with the general
    prohibition contained in the prior Act against adjudication
    
                                    11
    
    
    of an estate's rights to a tax refund." 175 B.R. at 142.
    Section 505(a)(2)(B) must therefore, he continued, be
    "interpreted to prohibit adjudication by this court of the
    refund claims" where the debtor paid the taxes but did not
    contest them in accordance with Massachusetts procedure.
    Id.
    
    This legislative history has persuaded other courts to
    conclude that the "properly requests" language of
    S 505(a)(2)(B)(i) prevents the bankruptcy court from
    adjudicating the right to refund where the debtor has not
    first sought a refund with the appropriate taxing authority.
    See In re Constable Terminal Corp., 222 B.R. 734, 740
    (Bankr. D. N.J. 1998) (debtor's failure to comply with state
    procedural requirements for obtaining refund of real estate
    taxes precluded bankruptcy court from ordering refund); In
    re Penking Trust, 196 B.R. 389, 396 (Bankr. E.D. Tenn.
    1996) (court has no jurisdiction under S 505(a)(2)(B) to
    decide the estate's right to a refund where the trustee failed
    to make a proper refund request under Tennessee law for
    taxes paid prepetition); In re EUA Power Corp. , 184 B.R.
    631, 636 (Bankr. D. N.H. 1995) ("Under S 505(a)(2)(B)(i), the
    debtor must timely comply with state procedural
    requirements to request a refund of taxes already paid to
    preserve the bankruptcy court's discretionary jurisdiction to
    decide whether a refund is owed."); In re St. John's Nursing
    Home, Inc., 154 B.R. 117, 120 (Bankr. D. Mass. 1993),
    aff 'd, 179 B.R. 795 (D. Mass. 1994) ("Section 505(a)(2)(B)
    prohibits the bankruptcy court from adjudicating the right
    of an estate to a tax refund unless the trustee hasfirst
    requested a refund from the government authority
    administering the tax and was refused."); In re Graham, 981
    F.2d 1135, 1138 (10th Cir. 1992) (trustee's filing of refund
    claim was nonwaivable jurisdictional prerequisite to
    bankruptcy court's determination of debtors' right to tax
    refund).
    
    There are, moreover, policy considerations that compel us
    to read the "properly requests" language ofS 505(a)(2)(B)(i)
    as creating a jurisdictional bar against adjudicating refund
    claims that are raised for the first time in a bankruptcy
    proceeding. Such a bar affords the taxing authority a
    reasonable amount of time to act on a refund request
    
                                    12
    
    
    through its normal procedures. See In re Maley , 152 B.R.
    789, 793 (Bankr. W.D.N.Y. 1992). It is also a recognition of
    the havoc that would be visited on the financial stability of
    a municipality if it were forced to refund taxes paid years
    before: "A municipality can take appropriate action to
    collect unpaid taxes. It obviously cannot spend the money
    before collection. Once the money is in the coffers, however,
    it soon goes out." Cumberland Farms, 175 B.R. at 142. And
    lastly, the S 505(a)(2)(B) limitation advances federal-state
    comity by requiring that "if a federal proceeding is to upset
    property tax revenues received by a local governmental
    entity that entity should have prompt notice of that fact to
    budget accordingly." EUA Power, 184 B.R. at 636.
    
    We recognize there are reported decisions, upon which
    Custom relies, holding that the failure to comply with state
    procedures for seeking a refund of real property taxes does
    not bar the bankruptcy court from determining refund
    claims under S 505(a). See In re AWB Associates, G.P., 144
    B.R. 270, 278 (Bankr. E.D. Pa. 1992) (state procedural
    requirements are pre-empted by the bankruptcy court); In
    re El Tropicano, 128 B.R. 153 (Bankr. W.D. Tex. 1991)
    (section 505 is an affirmative defense and not a
    jurisdictional bar). But AWB and El Tropicano did not
    specifically deal with S 505(a)(2)(B)(i) and its "properly
    requests" requirement. Nor did they engage in an analysis
    of the legislative history of that section, which may have led
    them to a different conclusion. We therefore find the two
    cases inapposite and unhelpful to the case at bar. See also
    Penking Trust, 196 B.R. at 396 (rejecting reasoning of AWB
    and El Tropicano); St. John's Nursing Home, 154 B.R. at 122
    (same); Constable Terminal, 222 B.R. at 740 (same).
    
    In light of the legislative history of S 505(a), the
    overwhelming case authority interpreting it as precluding
    the bankruptcy court from adjudicating claims for refund of
    taxes that were not seasonably contested in accordance
    with procedures set out by the taxing authority, and the
    policy considerations underpinning S 505, we are persuaded
    that the Bankruptcy Court here did not have jurisdiction to
    order the City to refund excess payments for those years in
    which Custom paid the taxes but did not contest them in
    accordance with N.J.S.A. 54:3-21. Accordingly, the
    
                                    13
    
    
    overpayments made by Custom for the 1992, 1993, and
    1994 tax years cannot be refunded.
    
    B. Jurisdiction to Adjudicate Tax Offsets under 11
           U.S.C. S 505(a)
    
    Custom argues in the alternative that the S 505(a)(2)(B)
    limitation does not apply here because it is requesting an
    offset rather than a refund. It seeks to offset taxes unpaid
    and still due--including real estate taxes and sewer and
    water taxes--with the excess taxes paid in the years 1992,
    1993, and 1994. There is some merit to its contention.
    Although Custom does not so argue, the same legislative
    history that compels us to find that the Bankruptcy Court
    was barred from making a refund determination here also
    leads us to conclude that where a refund is sought as an
    "offset," no claim need be filed first with the taxing
    authority:
    
            The House amendment adopts the rule of the Senate
           bill that the bankruptcy court can, under certain
           conditions, determine the amount of a tax refund claim
           by the trustee. Under the House amendment, if the
           refund results from an offset or counterclaim to a claim
           or request for payment by the Internal Revenue
           Service, or other tax authority, the trustee would not
           first have to file an administrative claim for refund with
           the tax authority.
    
    124 Cong. Rec. H. 11,110-11 (daily ed. Sept. 28, 1978),
    S.17426-28 (daily ed. Oct. 6, 1978) (Remarks of Rep.
    Edwards and Sen. DeConcini). See also infra note 5 (text of
    Senate bill 2266); Ledgemere Land, 135 B.R. at 198
    ("Where, as here, refunds are sought as an offset or
    counterclaim to the claim of the taxing authority, no refund
    claim need first be made.); United States v. Kearns, 177
    F.3d 706, 711 (8th Cir. 1999) (noting that legislative history
    of S 505 indicates different treatment of refunds and
    offsets); St. John's Nursing Home, 169 B.R. at 797 n. 4
    (same); 4 Collier on Bankruptcy P 505.LH[2][a] (15 rev. ed.
    1999) (same).
    
    In evaluating Custom's request for an offset, In re Dunhill
    Medical, Inc., 1996 WL 354696 (Bankr. D. N.J.) is
    instructive. In that case, the Internal Revenue Service filed
    
                                    14
    
    
    against the debtor a proof of claim on taxes owing, alleging
    that the debtor failed to remit quarterly employee
    withholding taxes and Federal Insurance Compensation Act
    (FICA) payments for certain periods between 1990 and
    1992. The debtor claimed that it had overpaid withholding
    taxes and FICA payments during 1986 through 1991 and
    that the overpayments should be offset against taxes owed.
    The Dunhill court concluded, based on the legislative
    history of S 505, that the debtor could "dispense with the
    IRS requirement for filing a claim for a refund when a
    refund is sought as an offset or counterclaim to a proof of
    claim filed by the tax authority." Id. at * 5. But the court
    added a caveat: although the debtor's claim for an offset
    was properly asserted for purposes of S 505, the court must
    nonetheless apply, for each of the tax years at issue, the
    Internal Revenue Code's time requirements for refund of
    overpaid tax because the timeliness of a refund claim is
    jurisdictional. The court could thus consider the debtor's
    refund request only if it had filed a claim for refund within
    the statute of limitations period provided in the IRC. Id. at
    *6 (citing United States v. Dalm, 494 U.S. 596, 602 (1990)
    and Kreiger v. United States, 539 F.2d 317 (3d Cir. 1976)).
    
    There is no reason why the analysis in Dunhill  should not
    apply with equal force to real property taxes and state law.
    See, e.g., Constable Terminal, 222 B.R. at 741 (applying
    Dunhill reasoning to request for offset of New Jersey real
    estate taxes). Although N.J.S.A. 54:4-69.2 and 54:4-134
    allow the taxpayer to use overpayment of property tax as
    credit toward delinquent taxes and future taxes relating to
    the property, including water and sewer payments, the
    credit must be claimed pursuant to S 54:3-21, which
    provides that the taxpayer must file an appeal to the county
    board of taxation before or on April 1 of the tax year, or 45
    days from the time notifications of assessments are mailed.7
    _________________________________________________________________
    
    7. N.J.S.A. 54:4-69.2 provides:
    
           (Credit, against taxes due or to become due, for refund on reduction
           of assessment): If any taxpayer shall have paid the taxes upon any
           assessment of property under the provisions of chapter four of Title
           54 of the Revised Statute and shall, upon appeal, have obtained a
           judgment of the county board of taxation granting a reduction in the
    
                                    15
    
    
    Failure to comply with the time prescriptions forfiling an
    appeal, a long line of New Jersey courts has held, is a fatal
    jurisdictional defect, see Lamantia v. Howell Township, 12
    N.J. Tax 347, 351 (N.J. Tax 1992) ("Compliance with this
    statutory requirement is an unqualified jurisdictional
    requirement."), and bars the maintenance of an action for
    refund. See F.M.C. Stores Co. v. Borough of Morris Plains,
    495 A.2d 1313, 1316-17 (N.J. 1985); AVT Realty Co. v.
    Cranford Tp., 16 N.J. Tax 550, 559 (N.J. Tax 1997);
    Cumberland Holding Corp. v. Vineland City, 11 N.J. Tax
    457, 460 (N.J. Tax 1991). Thus, although Custom need not
    have filed a claim with the county tax board before seeking
    an offset in bankruptcy court--as it was required for
    obtaining a refund under S 505(a)(2)(B)--its request for an
    offset must nevertheless be timely. Because Custom did not
    and cannot now file appeals of the tax assessments for the
    _________________________________________________________________
    
           said assessment from which neither the taxpayer nor the
           municipality shall have duly appealed, or shall have obtained a
           judgment of the State Board of Tax Appeals granting a reduction in
           such assessment or confirming a reduction granted by the county
           board or any part thereof, such taxpayer may claim and the
           collector of taxes shall allow a credit, in an amount equal to the
           appropriate refund incident to such reduction of said assessment,
           against any taxes then due or to become due on such property. . . .
    
    Stat. Ann. S 54:4-69.2.
    
    N.J.S.A. 54:4-134 states, in part:
    
           (Property tax refund applied against delinquent property taxes,
           water or sewer payments or parking or payroll taxes): Whenever the
           owner of a real property shall be entitled, pursuant to a
           determination of a county board of taxation or a judgment of the tax
           court, to a refund of all or any portion of the property taxes paid
           against the property in any given year, and any property taxes,
           water or sewer payments, or parking or payroll taxes imposed to be
           collected by the municipality against that property or the owner or
           owners of that property are delinquent at the time of the
           determination or judgment, the governing body of the municipality
           constituting the taxing district in which the property is located may
           apply the refund, or such portion thereof as may be necessary,
           including any accrued interest, against the delinquency.
    
    Stat. Ann S 54:4-134.
    
                                    16
    
    
    1992, 1993, and 1994 tax years within the time
    requirements set out in N.J.S.A. 54:3-21, its claim for
    offsets based on overpayments on those years is time-
    barred. As for the 1995 tax year, if the partial payment
    made by Custom was less than its real estate tax obligation
    for that year, based on the Bankruptcy Court's valuation of
    the property, Custom is responsible for the difference; if,
    however, the partial payment exceeds its reassessed 1995
    real estate tax obligation, Custom is not entitled to a refund
    or an offset.
    
    C. Expert Testimony
    
    We now turn to the City's claim that the District Court
    erred in affirming the Bankruptcy Court's determination
    that Custom met the burden of providing credible expert
    testimony sufficient to prove property valuation different
    from that calculated by the City. The City contends that
    under New Jersey law, the testimony of a real estate
    appraiser--who was Custom's sole witness on this issue--
    cannot establish property valuation when that valuation is
    predicated on estimates of environmental contamination
    and clean-up costs. Where environmental contamination
    affects valuation, the City argues, the testimony of an
    environmental expert is required. We disagree.
    
    When a taxpayer challenges an assessment, "[t]he settled
    rule [in New Jersey] is that there is a presumption that an
    assessment made by the proper authority is correct and the
    burden of proof is on the taxpayer to show otherwise."
    Aetna Life Ins. Co. v. Newark, 89 A.2d 385, 387 (N.J. 1952).
    To overcome the presumption, the taxpayer must prove a
    true valuation different from the assessment with evidence
    that is "definite, positive and certain in quality and
    quantity." Id. In New Jersey, environmental contamination
    has an impact on property valuation. Inmar Associates, Inc.
    v. Borough of Carlstadt, 549 A.2d 38, 41-42 (N.J. 1988).
    
    The City cites to several New Jersey cases to demonstrate
    that a taxpayer must present an environmental expert in
    addition to any other experts to establish property
    valuation affected by environmental contamination. See
    Badische Corp. v. Town of Kearny, 672 A.2d 186, 193 (N.J.
    Super. Ct. App. Div. 1996), appeal after remand , 17 N.J.
    
                                    17
    
    
    Tax 594 (N.J. Super. Ct. App. Div. 1998) (remand to tax
    court for recalculation of effect of clean-up costs on
    property valuation was implicit finding that taxpayer had
    proved contamination and its effect on the property value in
    lower court where two environmental experts and other
    witnesses had testified); American Stores v. Town of Kearny,
    14 N.J. Tax 186, 188 (N.J. Super. Ct. App. Div. 1994)
    (appraisal expert insufficient absent environmental expert
    where no proof of environmental damage presented); Jablin
    v. Borough of Northvale, 13 N.J. Tax 103, 109 (N.J. Super.
    Ct. App. Div. 1994) (request for reserve operating expense
    to monitor possible contamination denied despite testimony
    of appraisal expert where there was no proof of pollution);
    Jablin v. Northvale Borough, 14 N.J. Tax 184, 185 (N.J.
    Super. Ct. App. Div. 1994) (same); Bergen County
    Associates v. Borough of East Rutherford, 12 N.J. Tax 399,
    412 (N.J. Tax Ct. 1992), aff 'd, 625 A.2d 524 (N.J. Super.
    Ct. App. Div. 1993), cert. denied, 634 A.2d 528 (N.J. 1993)
    (real estate assessor testimony discredited in absence of
    record support for his wetlands evaluation); University
    Plaza Realty Corp. v. Hackensack, 12 N.J. Tax 354, 357-58
    (N.J. Tax 1992), aff 'd, 624 A.2d 1000 (N.J. Super. Ct. App.
    Div. 1993), cert. denied, 634 A.2d 527 (N.J. 1993) (finding
    of property devaluation due to asbestos contamination after
    testimony presented by an environmental expert, a real
    estate appraiser, and other witnesses).
    
    But despite City's claim to the contrary, none of these
    cases precludes a real estate appraiser from evaluating
    contaminated property without the testimony of an
    environmental expert. At best, they stand for the
    proposition that a real estate appraiser cannot establish
    valuation without proof that environmental contamination
    exists. Here, the real estate expert did not make any
    findings as to whether the property was contaminated.
    Rather, he testified--relying on the letters from the United
    States Environmental Protection Agency and the New
    Jersey Department of Environment and the Killiam Report,
    all of which indicated that environmental contamination
    existed8--about the valuation of the property as affected by
    _________________________________________________________________
    
    8. The City also argues that the real estate appraiser should not have
    been permitted to rely on the Report and letters because they themselves
    
                                    18
    
    
    such contamination. Because there is no merit to the City's
    argument, we find that the District Court did not err in
    affirming the Bankruptcy Court's determination that
    Custom met its burden of providing credible expert
    testimony on property valuation.
    
    IV. Conclusion
    
    Based on the aforementioned reasons, we find that the
    Bankruptcy Court was without jurisdiction to grant
    Custom's request for refund and offset of overpayments
    made in the tax years 1992, 1993, and 1994. As for the
    1995, 1996, and 1997 real estate taxes, we will remand this
    case to the District Court for remand to the Bankruptcy
    Court for further proceedings consistent with this opinion.
    
    A True Copy:
    Teste:
    
           Clerk of the United States Court of Appeals
           for the Third Circuit
    
    _________________________________________________________________
    
    were not submitted into evidence. We disagree. Federal Rules of Evidence
    Rule 703 states:
    
           The facts or data in the particular case upon which an expert bases
           an opinion or inference may be those perceived by or made known
           to the expert at or before hearing. If of a type reasonably relied upon
           by experts in the particular field in forming opinions or inferences
           upon the subject, the facts or data need not be admissible in
           evidence.
    
    Fed. R. Evid. 703. See also 68.94 Acres of Land , 918 F.2d at 392 n.2
    (citing Fed. R. Evid. 703 and Notes of Advisory Committee). The
    Bankruptcy Court questioned the real estate appraiser whether other
    experts in his field traditionally relied on such information, and the
    witness indicated that they did. See Advent Systems Ltd. v. Unisys Corp.,
    925 F.2d 670, 682 (3d Cir. 1990) (court must make factual inquiry and
    findings as to what data is found to be reliable by experts in the field).
    
                                    19

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