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BECTON, DICKINSON & CO. v. DEPARTMENT OF REVENUE

383 Mass. 786 (1981)

422 N.E.2d 1350

BECTON, DICKINSON AND COMPANY vs. DEPARTMENT OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 26, 1981.

Attorney(s) appearing for the Case

Jerome Preston, Jr. (Martha B. Sosman with him) for the taxpayer.

Mitchell J. Sikora, Jr., Assistant Attorney General, for Department of Revenue.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & NOLAN, JJ.

BRAUCHER, J.

The taxpayer, Becton, Dickinson and Company, is a New Jersey corporation engaged in multistate operations. The Appellate Tax Board (board) dismissed for lack of jurisdiction the taxpayer's application for abatement of the foreign corporation excise tax for its fiscal year ending September 30, 1968, and we reversed that decision. Becton, Dickinson & Co. v. State Tax Comm'n,

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