Legal Opinion

Osgood v. Tax Commissioner

Massachusetts Supreme Judicial Court

Decided February 26, 1920PublishedCited by 24 opinions

Petition, filed in the Superior Court on June 4, 1919, under St. 1916, c. 269, § 20, appealing from a refusal of the Tax Commissioner to abate an income tax of three per cent assessed under St. 1916, c. 269, § 5 (c), on the sum of $3,944.25 alleged by the Tax Commissioner to have been received by the petitioner as a gain on a sale of one thousand three hundred shares of the preferred and one thousand shares of the common stock of the Draper Company for which she received…

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Petition, filed in the Superior Court on June 4, 1919, under St. 1916, c. 269, § 20, appealing from a refusal of the Tax Commissioner to abate an income tax of three per cent assessed under St. 1916, c. 269, § 5 (c), on the sum of $3,944.25 alleged by the Tax Commissioner to have been received by the petitioner as a gain on a sale of one thousand three hundred shares of the preferred and one thousand shares of the common stock of the Draper Company for which she received four thousand one hundred twenty-five shares of the capital stock of the Draper Corporation under the circumstances…

1Opinion of the CourtRugg, C. J.

This is a petition under St. 1916, c. 269, § 20. It involves the validity of a tax assessed on an alleged gain in the pinchases or sales of intangible personal property under § 5 (c) of said act. The salient facts are that the petitioner on January 1, 1916, was the owner of one thousand three hundred shares of the preferred and one thousand shares of the common stock of the Draper Company, a Maine corporation conducting an extensive manufacturing business at Hopedale in this Commonwealth. That corporation had outstanding preferred stock of the par value of $2,000,000 and common stock of the…

2Cases cited11 opinions

  1. Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
  2. Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
  3. Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
  4. Iowa v. McFarlandSupreme Court of the United States · 1884
  5. Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912

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3Cited by24 opinions

  1. Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
  2. Anderson v. BeanMassachusetts Supreme Judicial Court · 1930
  3. Madden v. State Tax CommissionMassachusetts Supreme Judicial Court · 1956
  4. Hunt v. BassettMassachusetts Supreme Judicial Court · 1929
  5. Brown v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1922

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