PETERSON v. COMMISSIONER OF REVENUE


441 Mass. 420 (2004)

E. JOEL PETERSON & others v. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 2004.


Attorney(s) appearing for the Case

Stephen Schultz (Stephen M. Politi with him) for the plaintiffs.

Thomas A. Barnico, Assistant Attorney General (Amy Spector, Assistant Attorney General, with him) for the defendant.

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


SPINA, J.

The plaintiffs (taxpayers) commenced an action in the county court, alleging that § 32 of the Revenue Enhancement Act of 2002 (Act), St. 2002, c. 186, which establishes an effective date of May 1, 2002, for the Act's provision changing the taxation rate of long-term capital gains (gains from the sale or exchange of capital assets held more than one year), violates art. 44 of the Amendments to the Massachusetts Constitution because it imposes different...

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