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AMERICAN FLEXIBLE CONDUIT CO. INC. v. STATE TAX COMM.

345 Mass. 146 (1962)

186 N.E.2d 445

AMERICAN FLEXIBLE CONDUIT COMPANY, INC. vs. STATE TAX COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

November 29, 1962.

Attorney(s) appearing for the Case

Louis J. Ostric for the taxpayer.

Edward J. McCormack, Jr., Attorney General, Herbert E. Tucker, Jr., Assistant Attorney General, & Nicholas L. Metaxas, for the State Tax Commission, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WILKINS, C.J.

Consideration of this case, which was heard under formal procedure, is greatly impeded by the failure of the Appellate Tax Board to find any facts. The taxpayer did not seasonably1 exercise its right to require "such findings and report thereon" in accordance with G.L.c. 58A, § 13 (as amended through St. 1957, c. 522).

American Flexible Conduit Company, Inc. (Conduit), is a Massachusetts corporation having its...

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