MARCO REALTY TRUST v. COMMISSIONER OF REVENUE


385 Mass. 798 (1982)

434 N.E.2d 200

MARCO REALTY TRUST vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 13, 1982.


Attorney(s) appearing for the Case

James B. Marcus for the taxpayer.

James A. Aloisi, Jr., Assistant Attorney General, for Commissioner of Revenue.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

During 1971, 1972, and 1973, the plaintiff taxpayer was a business trust with transferable shares and it owned all the shares in a similar trust.1 The taxpayer filed Federal and State income tax returns for those years consolidating the income and expenses of the two trusts. This inured to the benefit of the taxpayer. The State Tax Commission (commission)2 took the position each year that the filing...

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