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GREENERY SECURITIES CORPORATION v. COMMISSIONER OF REVENUE

No. 01-P-1025.

58 Mass. App. Ct. 70 (2003)

GREENERY SECURITIES CORPORATION v. COMMISSIONER OF REVENUE.

Court of Appeals of Massachusetts, Suffolk.

May 9, 2003.

Attorney(s) appearing for the Case

Michael T. Fatale (John DeLosa with him) for Commissioner of Revenue.

Jason W. Morgan for the plaintiff.

Present: DOERFER, KASS, & MCHUGH, JJ.

DOERFER, J.

The Commissioner of Revenue (commissioner) appeals, pursuant to G. L. c. 58A, § 13, from a decision of the Appellate Tax Board (board) granting Greenery Securities Corporation (taxpayer or Greenery Securities) an abatement of corporate excise taxes assessed for the tax years 1988, 1989, and 1990.1 The board concluded that certain short-term notes held by the taxpayer qualified as "securities," were held for

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