Legal Opinion

Boston Elevated Railway Co. v. Metropolitan Transit Authority

Massachusetts Supreme Judicial Court

Decided January 4, 1949PublishedCited by 21 opinions

1Opinion of the CourtWilkins, J.

This bill in equity under G. L. (Ter. Ed.) c. 231 A, inserted by St. 1945, c. 582, § 1, seeks a declaration that the Metropolitan Transit Authority by contract has assumed, and is obligated to pay, the plaintiff’s Federal income tax on a "capital gain” realized by the plaintiff from the sale to the authority of "its whole assets, property and franchises as a going concern.” The defendants, who are the authority and its five trustees, in their answer seek by way of counterclaim a declaration that the authority has not so assumed, and is not obligated to pay, certain bills of the plaintiff’s…

2Cases cited69 opinions

  1. Lynch v. United StatesSupreme Court of the United States · 1934
  2. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  3. Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
  4. Hollerbach v. United StatesSupreme Court of the United States · 1914
  5. Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930

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3Cited by21 opinions

  1. Starr v. FordhamMassachusetts Supreme Judicial Court · 1995
  2. Gurry v. Cumberland Farms, Inc.Massachusetts Supreme Judicial Court · 1990
  3. A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 2018
  4. McAdams v. Massachusetts Mutual Life InsuranceCourt of Appeals for the First Circuit · 2004
  5. Fronk v. FowlerMassachusetts Supreme Judicial Court · 2010

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