ELWOOD v. STATE TAX COMMISSION


369 Mass. 193 (1975)

338 N.E.2d 812

DAVID M. ELWOOD & another vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

December 9, 1975.


Attorney(s) appearing for the Case

Frederick D. Herberich (Pamela A. Duckworth with him) for the taxpayers.

Peter J. Murphy, Special Assistant Attorney General, for the State Tax Commission.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


KAPLAN, J.

In 1971 David M. and Carol J. Elwood were husband and wife residing together in the Commonwealth. During that year both received income, Mr. Elwood as a member of a law partnership and Mrs. Elwood as an employee of an enterprise unspecified on this record.

On their joint State income tax return for 1971, these taxpayers claimed a personal exemption in the amount of $4,600 under § 5B (a) (2...

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