FORTE INVESTMENT FUND v. STATE TAX COMMISSION


369 Mass. 786 (1976)

343 N.E.2d 420

FORTE INVESTMENT FUND vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1976.


Attorney(s) appearing for the Case

Joseph C. Kennedy, Jr., for the taxpayer.

Howard Whitehead, Assistant Attorney General, for the State Tax Commission.

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


WILKINS, J.

The Forte Investment Fund (taxpayer), a Massachusetts trust with transferable shares, appeals from a decision of the Appellate Tax Board (board) which disallowed certain deductions claimed in the taxpayer's 1971 income tax return. The taxpayer was engaged in investing in stocks, bonds, and real estate for the benefit of its shareholders. The board found that the taxpayer was not "a broker or trader for the public...

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