STATE TAX COMMISSION v. LORING


350 Mass. 568 (1966)

215 N.E.2d 751

STATE TAX COMMISSION vs. AUGUSTUS P. LORING, trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1966.


Attorney(s) appearing for the Case

Peter Roth, Assistant Attorney General, for the appellant.

Frederick D. Herberich for the appellee.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


CUTTER, J.

This is an appeal by the commission from a decision of the Appellate Tax Board granting abatement of an income tax upon income received in 1958 by the trustee of an irrevocable trust (the 1955 trust). The facts are stated in accordance with a stipulation upon the basis of which the board made findings.

The trustee, an inhabitant of Massachusetts, pursuant to the 1955 trust agreement, created by an inhabitant of Massachusetts, is to expend for the...

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