Nissan Motor Corp. in U.S.A. v. Commissioner of Revenue

In April, 1987, the plaintiff, Nissan Motor Corporation in U.S.A (Nissan), filed applications for abatement of those portions of its 1979 through 1983 Massachusetts corporate excise taxes based on sales in the State of New York (New York). The applications were filed after the expiration of all the specific time limits for seeking abatements set out in G. L. c. 62C, § 37 (1988 ed.’), and the Commissioner of Revenue (commissioner) so held. However, Nissan claimed that it was not until a 1986-1987 audit in New York that it learned it was liable to New York for taxes during the same years, on…