PERINI CORP. v. COMMISSIONER OF REVENUE


419 Mass. 763 (1995)

PERINI CORPORATION & others vs. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 22, 1995.


Attorney(s) appearing for the Case

Kenneth A. Cohen for the plaintiffs.

Thomas A. Barnico, Assistant Attorney General, for the Commissioner of Revenue.

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


NOLAN, J.

This case concerns the constitutionality of certain portions of the corporate excise statute, namely, G.L.c. 63, § 30 (8) and (9) (1992 ed.), which define the taxable net worth of domestic and foreign intangible property corporations. The challenged provisions allow a domestic intangible property corporation to deduct from its taxable net worth the value of a subsidiary of which it owns 80% or more of the voting stock, but only if that subsidiary is...

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