MINKIN v. COMMISSIONER OF REVENUE


425 Mass. 174 (1997)

GLADYS S. MINKIN, trustee, v. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 10, 1997.


Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General, for the Commissioner of Revenue.

Marc A. Elfman for the taxpayers.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.


LYNCH, J.

This appeal raises the question whether, for purposes of Massachusetts income taxation, property owned by a corporate trust is entitled to a "step-up in basis" similar to § 1014 of the Internal Revenue Code of 1954 (I.R.C.), when transferable shares pass from a decedent shareholder. The trustee of four corporate trusts (trusts) appealed from a decision of the Appellate Tax Board (board) upholding the Commissioner of Revenue's (commissioner's) determination...

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