Legal Opinion

Materials Development Corp. v. Commissioner of Revenue

Massachusetts Appeals Court

Decided November 27, 2002No. 98-P-2288Published

1Opinion of the Court

Armstrong, CJ.

Materials Development Corporation (taxpayer) appeals from a decision of the Appellate Tax Board that dismissed the taxpayer’s appeal from the Commissioner of Revenue’s refusal to abate interest on overdue payroll withholding taxes. The circumstances were as follows:

For the first quarter of 1989, the taxpayer filed a timely return reporting a total payroll tax owed for the period (including a prior quarter adjustment) of $9,525.17, previous payments of $450.51, and a balance due of $9,074.66. This was not paid with the return; and if normal procedures had been followed, the…

2Cases cited7 opinions

  1. Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
  2. Our Lady of the Sea Corp. v. BorgesMassachusetts Appeals Court · 1996
  3. Wenz v. WenzMassachusetts Supreme Judicial Court · 1916
  4. Commissioner of Revenue v. Marr Scaffolding Co.Massachusetts Supreme Judicial Court · 1993
  5. A. W. Chesterton Co. v. Commissioner of RevenueMassachusetts Appeals Court · 1998

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