SYLVESTER v. COMMISSIONER OF REVENUE


445 Mass. 304 (2005)

ZOEL SYLVESTER v. COMMISSIONER OF REVENUE & others.

Supreme Court of Massachusetts, Suffolk.

November 16, 2005.


Attorney(s) appearing for the Case

Joel Z. Eigerman for the plaintiff.

Thomas A. Barnico, Assistant Attorney General (Daniel J. Hammond, Assistant Attorney General, with him) for Commissioner of Revenue.

Bryan R. LeBlanc for town of Danvers.

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


GREANEY, J.

We allowed an application for direct appellate review to decide Federal and State constitutional challenges to a partial real estate tax exemption under G. L. c. 59, § 5, Twenty-second, afforded to certain disabled veterans (veterans' exemption). The exemption applies to real estate "occupied in whole or in part" as a disabled veteran's "domicile" in "the amount of two thousand dollars of [its] assessed...

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