COMMISSIONER OF REVENUE v. SHAFNER


392 Mass. 256 (1984)

465 N.E.2d 788

COMMISSIONER OF REVENUE vs. RICHARD A. SHAFNER & another (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1984.


Attorney(s) appearing for the Case

John P. Graceffa, Assistant Attorney General, for the plaintiff.

Robert J. McGee for the defendants.

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


O'CONNOR, J.

The Shafners (taxpayers) were shareholders of a corporate business trust which adopted a plan of complete liquidation, sold all its assets, paid taxes on gains realized from those sales, and then distributed the remaining cash to its shareholders. This case presents the question whether, in those circumstances, the shareholders may be taxed on the final distributions received from the liquidated business trust. We hold that such distributions are excluded...

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