Horst v. Commissioner of Revenue

The question presented by this appeal is whether a nonresident who elects for Federal and State income tax purposes to pay tax on an instalment basis on a gain from the sale of Massachusetts real estate, see Int. Rev. Code of 1954, § 453(b), and G. L. c. 62, § 63, is subject to Massachusetts income tax under G. L. c. 62, § 63, on the interest earned on the instalment obligation note. The taxpayer appealed to the Appellate Tax Board (board) from the refusal of the Commissioner of Revenue (Commissioner) to abate income taxes, paid from 1975 through 1978. The appeal to the Appellate Tax Board…