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LINDBERG v. STATE TAX COMMISSION

335 Mass. 141 (1956)

138 N.E.2d 753

ERNEST E. LINDBERG vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

December 6, 1956.

Attorney(s) appearing for the Case

Howard V. Foulke, for the taxpayer, submitted a brief.

Samuel W. Gaffer, Assistant Attorney General, (Robert C.M. Mulcahy with him,) for State tax commission.

George B. Lourie & John P. Martin, by leave of court, submitted a brief as amici curiae.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.

RONAN, J.

This is an appeal by the taxpayer from a decision of the Appellate Tax Board dismissing an appeal to the board from denial of an application for a partial abatement of a tax on income for the calendar year of 1951. The tax was paid in accordance with a return filed on April 15, 1952. The taxpayer filed an application for abatement with the State tax commission on April 13, 1955, claiming an error in the return...

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