Jacobs v. Price

This interlocutory transfer from the Superior Court (Flynn, J.) pursuant to Supreme Court Rule 9 presents the following question:

“Are the net proceeds from the disposition by an individual of agricultural land development rights to the State of New Hampshire pursuant to RSA Chapter 36-D taxable pursuant to the Business Profits Tax Act, RSA Chapter 77-A?”

For the reasons which follow, we answer the question in the negative.

The transferred question arises from a petition for declaratory judgment filed in the superior court by Steven N. Jacobs and eighteen other individuals against the…