GREEN v. COMMISSIONER OF REVENUE


386 Mass. 351 (1982)

436 N.E.2d 134

JAMES L. GREEN & another vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 28, 1982.


Attorney(s) appearing for the Case

Robert J. McGee for the plaintiffs.

Francis X. Bellotti, Attorney General, Linda M. Irvin & Paul R. Matthews, Assistant Attorneys General, for the defendant.

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


O'CONNOR, J.

The taxpayer is in the business of owning and operating commercial real estate. He was also the president and sole shareholder of Eleganza, Inc., a mail order business. Eleganza, Inc., became insolvent in 1975, and the taxpayer was required to pay $170,000 pursuant to his personal guaranty of a debt owed by Eleganza, Inc. Insolvency rendered the taxpayer's claim against Eleganza, Inc., worthless. The taxpayer sold a parcel of land that he

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