LOWNEY v. COMMISSIONER OF REVENUE

No. 05-P-1353.

67 Mass. App. Ct. 718 (2006)

CHARLES LOWNEY & another v. COMMISSIONER OF REVENUE.

Appeals Court of Massachusetts, Suffolk.

November 9, 2006.


Attorney(s) appearing for the Case

Timothy J. Lowney for the plaintiffs.

Maryanne Reynold Martin, Assistant Attorney General, for Commissioner of Revenue.

Present: RAPOZA, C.J., GELINAS & GRAINGER, JJ.


GRAINGER, J.

At issue in this case of first impression is the application of the room occupancy excise (tax), G. L. c. 64G, to the first ninety days of rentals that exceeded a ninety-day period. Plaintiffs, Charles and Irene Lowney, own and operate the Carleton Circle Motel (motel) in Falmouth. They appeal the decision of the Appellate Tax Board affirming the denial of their application for tax abatement by the Commissioner of Revenue.

Background. The...

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