SPRINGALL v. COMMISSIONER OF REVENUE


391 Mass. 23 (1984)

459 N.E.2d 817

THOMAS L. SPRINGALL & another, executors, vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 1984.


Attorney(s) appearing for the Case

Arthur O. Ricci (Michael J. Hudson with him) for the plaintiffs.

Joan C. Stoddard, Assistant Attorney General, for the defendant.

Wilson C. Piper & Pamela M. Delphey, for Henry W. Kendall & another, amici curiae, submitted a brief.

Frederic G. Corneel, Philip H. Suter & Roger A. Greenbaum, for Massachusetts Bankers Association, amicus curiae, submitted a brief.

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


WILKINS, J.

We hold that income received by the plaintiffs, executors of the estate of Cyrus F. Springall, payable to trustees under an inter vivos trust created by Springall, and in turn payable by the trustees to a nonresident, is not subject to Massachusetts income tax. We reverse the decision of the Appellate Tax Board (board) which upheld the assessment of a tax on the income of the estate and remand the case for entry of a decision granting an abatement of the...

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