Legal Opinion

State Tax Commission v. John H. Breck, Inc.

Massachusetts Supreme Judicial Court

Decided July 3, 1957PublishedCited by 15 opinions

1Opinion of the CourtCutter, J.

John H. Breck, Inc. (hereinafter called Breck), a Massachusetts corporation, has its principal office and factory in Springfield, where it manufactures chemical products “for sale and purchases other . . . merchandise for sale” and sells such products. Breck “from time to time ships merchandise for sale in other States from its Springfield office” and also ships goods from warehouses outside Massachusetts to points outside the Commonwealth.

■ Breck filed a 1953 Massachusetts corporate excise return based (so far as concerns income) on that of 1952. Thereafter it sought abatement of $7,532.93…

2Cases cited66 opinions

  1. Western Live Stock v. Bureau of RevenueSupreme Court of the United States · 1938
  2. Freeman v. HewitSupreme Court of the United States · 1947
  3. Spector Motor Service, Inc. v. O'ConnorSupreme Court of the United States · 1951
  4. Hans Rees' Sons, Inc. v. North Carolina Ex Rel. MaxwellSupreme Court of the United States · 1931
  5. Butler Bros. v. McColgan, Franchise Tax CommissionerSupreme Court of the United States · 1942

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3Cited by15 opinions

  1. First Federal Savings & Loan Ass'n v. State Tax CommissionMassachusetts Supreme Judicial Court · 1977
  2. Dow Chemical Co. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1979
  3. Maurice L. Rothschild & Co. v. Commissioner of TaxationSupreme Court of Minnesota · 1965
  4. Duluth, South Shore & Atlantic Railroad v. Corp. & Securities CommissionMichigan Supreme Court · 1958
  5. WALGREEN COMPANY v. Commissioner of TaxationSupreme Court of Minnesota · 1960

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