COMMISSIONER OF REVENUE v. OLIVER


436 Mass. 467 (2002)

COMMISSIONER OF REVENUE v. R. BRUCE OLIVER & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 2002.


Attorney(s) appearing for the Case

Diane M. McCarron for Commissioner of Revenue.

John S. Brown (Matthew D. Schnall with him) for the taxpayers.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


MARSHALL, C.J.

General Laws c. 62, § 5A (a), sets forth the statutory scheme for income taxation of nonresidents of Massachusetts. We are asked to determine whether, under that statute, a nonresident must pay Massachusetts income taxes on nonqualified pension payments received from his former Massachusetts employer during those years in which the taxpayer did not carry on any trade or business in Massachusetts. The Appellate Tax Board (board) concluded...

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