SECOND BANK-STATE STREET TRUST CO. v. STATE TAX COMM.


337 Mass. 203 (1958)

148 N.E.2d 647

SECOND BANK-STATE STREET TRUST COMPANY & another, trustees, vs. STATE TAX COMMISSION (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

March 10, 1958.


Attorney(s) appearing for the Case

Sumner H. Babcock, (Joseph H.B. Edwards & M. Gordon Ehrlich with him,) for the taxpayers.

Edward F. Mahony, Assistant Attorney General, for State tax commission.

Present: WILKINS, C.J., RONAN, WILLIAMS, COUNIHAN, & CUTTER, JJ.


CUTTER, J.

In each of these cases, the trustees under the will of Henry R. Reed seek abatement of a 1953 income tax on capital gains received by them during 1952. The Appellate Tax Board refused the abatements. The trustees appealed.

The testator died in 1905. By his will the residue was left in trust to pay the net income (a) to his widow during her life, and (b) thereafter, to his surviving children (and the issue...

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