CHIRILLO v. COMMISSIONER OF REVENUE

No. 86-1015.

25 Mass. App. Ct. 98 (1987)

515 N.E.2d 601

THOMAS R. CHIRILLO & another vs. COMMISSIONER OF REVENUE.

Appeals Court of Massachusetts, Suffolk.

November 27, 1987.


Attorney(s) appearing for the Case

Michael P. Mack for the taxpayers

Tung Huynh, Assistant Attorney General, for the Commissioner of Revenue.

Present: DREBEN, KASS, & FINE, JJ.


FINE, J.

This is an appeal by Thomas R. and Rita Chirillo (taxpayers) from a decision of the Appellate Tax Board (board), after hearing, granting them a partial abatement of the Massachusetts income tax assessed against them for 1980. After certain procedural underbrush is removed, the question is whether, when a taxpayer fails to file a return, the Commissioner of Revenue (Commissioner) may, under G.L.c. 62C, §...

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