COMMISSIONER OF REVENUE v. AMIWOODBROKE, INC.


418 Mass. 92 (1994)

634 N.E.2d 114

COMMISSIONER OF REVENUE vs. AMIWOODBROKE, INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 9, 1994.


Attorney(s) appearing for the Case

Eric A. Smith, Assistant Attorney General, for the Commissioner of Revenue.

Louis J. Marett (Marian S. Wossum with him) for the taxpayers.

William E. Halmkin & Donald W. Parker, for The New York Times Company & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.


ABRAMS, J.

The question presented is whether the issuing of interest-free loans from a subsidiary to a parent is a "service[] performed" within the meaning of G.L.c. 63, §§ 33 and 39A (1992 ed.)2. The Commissioner of Revenue (commissioner), appeals from two decisions of the Appellate Tax Board (board) granting the taxpayers' applications for tax abatement. The commissioner assessed corporate...

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