COMMISSIONER OF REVENUE v. CARGILL, INCORPORATED


429 Mass. 79 (1999)

COMMISSIONER OF REVENUE v. CARGILL, INCORPORATED.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1999.


Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General, for the plaintiff.

William Hazel for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


IRELAND, J.

The question presented is whether a foreign corporation, whose primary business is agriculture, is entitled to the investment tax credit contained in G. L. c. 63, § 31A, where its operations within the Commonwealth are not primarily agricultural. The Appellate Tax Board (board) ruled that the corporation is entitled to the credit. The board concluded that the § 31A credit is available to those businesses which are "primarily engaged in agriculture...

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