Commissioner of Revenue v. Cargill, Inc.

The question presented is whether a foreign corporation, whose primary business is agriculture, is entitled to the investment tax credit contained in G. L. c. 63, § 31 A, where its operations within the Commonwealth are not primarily agricultural. The Appellate Tax Board (board) ruled that the corporation is entitled to the credit. The board concluded that the § 31A credit is available to those businesses which are “primarily engaged in agriculture” and own property situated within the Commonwealth, whether or not the business activity they conduct within the Commonwealth is agricultural. The…