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NOREAST FRESH, INC. v. COMMISSIONER OF REVENUE

No. 98-P-1917.

50 Mass. App. Ct. 352 (2000)

NOREAST FRESH, INC. v. COMMISSIONER OF REVENUE.

Court of Appeals of Massachusetts, Suffolk.

October 27, 2000.

Attorney(s) appearing for the Case

Raymond T. Mahon for the taxpayer.

Peter T. Wechsler, Assistant Attorney General, for the Commissioner of Revenue.

Present: ARMSTRONG, C.J., KAPLAN, & PERRETTA, JJ.

ARMSTRONG, C.J.

Noreast Fresh, Inc. (Noreast), a Massachusetts corporation, applied to the Commissioner of Revenue (commissioner) to be classified under G. L. c. 63, § 38C, as "engaged in manufacturing" for the 1995 tax year, a designation that would exempt its machinery from local property taxation. See G. L. c. 59, § 5, Sixteenth; Fernandes Super Mkts., Inc. v. State Tax Commn., 371 Mass. 318, 319 (1976...

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