SEILER CORP. v. COMMISSIONER OF REVENUE


384 Mass. 635 (1981)

429 N.E.2d 11

THE SEILER CORPORATION & others vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1981.


Attorney(s) appearing for the Case

Robert T. Harrington for the plaintiffs.

William L. Pardee, Assistant Attorney General, for the Commissioner of Revenue.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


WILKINS, J.

The plaintiff corporations, all engaged in the retail food vending machine business, challenge the imposition of an excise, pursuant to G.L.c. 64H, on certain food items in unopened, original containers or packages sold through their vending machines. They argue that (1) the meals tax imposed by G.L.c. 64H, as part of the excise, commonly known as the sales tax, does not apply to those prepackaged food items...

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