BERENSON v. COMMISSIONER OF REVENUE


413 Mass. 831 (1992)

604 N.E.2d 704

MORTON D. BERENSON vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1992.


Attorney(s) appearing for the Case

Leo J. Cushing for the plaintiff.

Donna L. Palermino, Assistant Attorney General, for the Commissioner of Revenue.

William E. Halmkin & Donald W. Parker, for Poloron Products, Inc., amicus curiae, submitted a brief.

Present: WILKINS, NOLAN, LYNCH, & GREANEY, JJ.


NOLAN, J.

The issues in this case are whether the plaintiff, the corporate officer who is responsible for paying the corporate sales taxes, may be held personally liable for the penalties and interest on unpaid sales taxes and, if so, whether interest runs from the statutory due date of the taxes. We hold that the decision of the Appellate Tax Board (board) that the plaintiff is personally liable for the penalties and interest from the date of the assessment of the...

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