DALEY v. STATE TAX COMMISSION


376 Mass. 861 (1978)

383 N.E.2d 1140

FRANK E. DALEY & another vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

December 18, 1978.


Attorney(s) appearing for the Case

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

Henry K. Mansfield (Virginia C. Hall with him) for the taxpayers.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


KAPLAN, J.

When G.L.c. 62, our State income tax law, was rewritten in 1971 to impose a tax "in conformity with the Federal model" (Ingraham v. State Tax Comm'n, 368 Mass. 242, 247 [1975]), the possibility was created that at some fringe point the new law might collide with art. 44 of the Amendments to the Constitution of the Commonwealth, the provision, having no counterpart...

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