LIBERTY LIFE ASSURANCE CO. OF BOSTON v. STATE TAX COMM.


374 Mass. 25 (1977)

370 N.E.2d 1007

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

December 16, 1977.


Attorney(s) appearing for the Case

Mark A. Michelson for the taxpayer.

Mitchell J. Sikora, Jr., Assistant Attorney General, for the State Tax Commission.

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


WILKINS, J.

We are concerned with whether a domestic insurance company which filed an apparently proper appeal to the Appellate Tax Board (board) under G.L.c. 63, § 71, is nevertheless barred from pursuing that appeal because, at an earlier date and on its own motion, it sought and obtained from the State Tax Commission (commission) an abatement of a portion of its excise on grounds unrelated to its subsequent appeal. We conclude that such a successful applicant...

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