HORST v. COMMISSIONER OF REVENUE


389 Mass. 177 (1983)

449 N.E.2d 667

VICTOR F. HORST vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 13, 1983.


Attorney(s) appearing for the Case

Jerald D. Burwick (Harris T. Luscomb, III, with him) for the taxpayer.

Paul R. Matthews, Assistant Attorney General, for the Commissioner of Revenue.

Present: HENNESSEY, C.J., WILKINS, LIACOS, & LYNCH, JJ.


LYNCH, J.

The question presented by this appeal is whether a nonresident who elects for Federal and State income tax purposes to pay tax on an instalment basis on a gain from the sale of Massachusetts real estate, see Int. Rev. Code of 1954, § 453(b), and G.L.c. 62, § 63, is subject to Massachusetts income tax under G.L.c. 62, § 63, on the interest earned on the instalment obligation note. The taxpayer appealed to the Appellate Tax Board (board) from...

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