COMMISSIONER OF REVENUE v. JONES

No. 88-P-1152.

28 Mass. App. Ct. 332 (1990)

551 N.E.2d 58

COMMISSIONER OF REVENUE vs. ROBERT W. JONES.

Appeals Court of Massachusetts, Suffolk.

March 7, 1990.


Attorney(s) appearing for the Case

Judith Fabricant, Assistant Attorney General, for the Commissioner of Revenue.

Stephen M. Politi for the taxpayer.

Present: WARNER, C.J., PERRETTA, & FINE, JJ.


WARNER, C.J.

This is an appeal by the Commissioner of Revenue (commissioner) from a decision of the Appellate Tax Board (board) granting an abatement of sales taxes assessed against the taxpayer on sales of prepared food during the period from January, 1978, through August, 1983. See G.L.c. 58A, § 13.

The taxpayer owns and operates a fish market under the name of Greer's Seafood (Greer's). Greer's sells fresh and frozen fish at retail and wholesale. In...

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