FMR CORP. v. COMMISSIONER OF REVENUE


441 Mass. 810 (2004)

FMR CORP. v. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 27, 2004.


Attorney(s) appearing for the Case

John S. Brown (Donald-Bruce Abrams & Matthew D. Schnall with him) for the taxpayer.

Anne T. Foley (Juliana deHaan Rice, Assistant Attorney General, with her) for Commissioner of Revenue.

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


SPINA, J.

The sole issue in this appeal is whether the Appellate Tax Board (board) correctly ruled that each corporate entity that files as a member of a Massachusetts "combined" group must deduct its charitable contributions on an individual-entity basis rather than on a consolidated basis, as under the Federal consolidated return regulations. For reasons discussed below, we affirm the decision of the board.

1. Background. The material facts are not...

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