SYMS CORP. v. COMMISSIONER OF REVENUE


436 Mass. 505 (2002)

SYMS CORP. v. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 10, 2002.


Attorney(s) appearing for the Case

Paul H. Frankel, of New York, for the taxpayer.

Edward J. DeAngelo, Special Assistant Attorney General, for Commissioner of Revenue.

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


CORDY, J.

Syms Corp. (Syms) appeals from a decision of the Appellate Tax Board (board) affirming the refusal by the Commissioner of Revenue (commissioner) to abate $291,571 in corporate excise taxes assessed against it for the tax years 1986, 1987, 1989, 1990, and 1991. The assessments resulted from the commissioner's disallowance of deductions Syms had taken for royalty payments it had made to its wholly owned subsidiary...

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