COMMISSIONER OF REVENUE v. CHINCHILLO


417 Mass. 219 (1994)

629 N.E.2d 974

COMMISSIONER OF REVENUE vs. EDMUND J. CHINCHILLO & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 8, 1994.


Attorney(s) appearing for the Case

Robert J. Munnelly, Jr., Assistant Attorney General, for the Commissioner of Revenue.

Mitchell A. Hipsman, of Florida, for the taxpayers.

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


WILKINS, J.

In December, 1982, Edmund and Rosemarie Chinchillo (taxpayers), residents of Florida, sold real estate in Revere for $725,000. They took a note, secured by a mortgage on the real estate, in payment of all but $25,000 of the purchase price. The note provided that principal and interest on the outstanding debt would be payable in monthly installments over the following twelve years. The taxpayers realized capital...

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