RESIDENT LTD. PARTNERS v. DEPT. OF REVENUE

No. 2010-399.

27 A.3d 829 (2011)

162 N.H. 98

NEW HAMPSHIRE RESIDENT LIMITED PARTNERS OF the LYME TIMBER COMPANY v. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION.

Supreme Court of New Hampshire.

Opinion Issued: May 26, 2011.

As Modified on Denial of Reconsideration June 22, 2011.


Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester ( Wilbur A. Glahn, III and Steven J. Dutton on the brief, and Mr. Glahn orally), for the petitioners.

Michael A. Delaney , attorney general ( Karen A. Schlitzer , assistant attorney general, on the brief and orally), for the respondent.


LYNN, J.

The respondent, New Hampshire Department of Revenue Administration (DRA), appeals a decision of the Superior Court (Vaughan, J.) ruling that distributions which The Lyme Timber Company (Lyme) made to the petitioners, certain of its limited partners who reside in New Hampshire, are not taxable income to the individual petitioners because their beneficial interests in Lyme are not "transferable shares" within the meaning of RSA chapter 77. See

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