Legal Opinion

Peterson v. Commissioner of Revenue

Massachusetts Supreme Judicial Court

Decided April 26, 2005PublishedCited by 12 opinions

1Opinion of the CourtSosman, J.

In Peterson v. Commissioner of Revenue, 441 Mass. 420, 429 (2004) (Peterson I), this court held that the use of May 1, 2002, as the effective date for a change in the capital gains tax rate, as set forth in the Revenue Enhancement Act of *1292002 (Act), St. 2002, c. 186, § 32, violated the uniformity requirement of art. 44 of the Amendments to the Massachusetts Constitution. In the wake of that decision, the Legislature enacted St. 2004, c. 149, §§ 413 and 414, which provide that the effective date of the new capital gains tax rate is January 1, 2002, but simultaneously direct that the…

2Cases cited22 opinions

  1. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  2. New York v. United StatesSupreme Court of the United States · 1992
  3. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
  4. Champlin Rfg. Co. v. Corporation Commission of OklahomaSupreme Court of the United States · 1932
  5. Alaska Airlines, Inc. v. BrockSupreme Court of the United States · 1987

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3Cited by12 opinions

  1. Diatchenko v. District Attorney for the Suffolk DistrictMassachusetts Supreme Judicial Court · 2013
  2. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 2013
  3. Schwann v. Fedex Ground Package System, Inc.Court of Appeals for the First Circuit · 2016
  4. Chambers v. RDI Logistics, Inc.Massachusetts Supreme Judicial Court · 2016
  5. Commonwealth v. ColeMassachusetts Supreme Judicial Court · 2014

7 more not listed; retrieve them via the Exa API.

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