ZAYRE LEASING CORP. v. STATE TAX COMMISSION


365 Mass. 351 (1974)

311 N.E.2d 888

ZAYRE LEASING CORPORATION vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

May 24, 1974.


Attorney(s) appearing for the Case

Nathan T. Wolk for the taxpayer.

Robert H. Quinn, Attorney General, Walter H. Mayo, III, Assistant Attorney General, & Joseph A. Grasso, Jr., Deputy Assistant Attorney General, for the State Tax Commission, submitted a brief.

Present: REARDON, QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.


KAPLAN, J.

The temporary emergency sales tax statute of 1966 (St. 1966, c. 14) laid a tax on the sale at retail of tangible personal property, and provided in effect that leases were to be assimilated to sales for purposes of the tax. Raised by the present appeal is the question whether certain leases entered into prior to March 2, 1966, the effective date of the statute, and pursuant to which possession was transferred prior to that date, but with terms extending...

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