CIRCUIT CITY STORES, INC. v. COMMISSIONER OF REVENUE


439 Mass. 629 (2003)

CIRCUIT CITY STORES, INC. v. COMMISSIONER OF REVENUE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 25, 2003.


Attorney(s) appearing for the Case

William E. Halmkin (David J. Nagle with him) for the taxpayer.

John R. Hitt, Assistant Attorney General, for the Commissioner of Revenue.

Peter L. Banis, pro se.

The following submitted briefs for amici curiae:

Holly K. Hemphill & Joshua D. Odintz, of the District of Columbia, & Donald M. Griswold for International Mass Retail Association.

Stephen Ziobrowski for The National Retail Federation.

Kathleen King Parker for Council on State Taxation.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.


GREANEY, J.

At issue in this tax appeal is whether Circuit City Stores, Inc. (Circuit City), is liable for Massachusetts excise with respect to its sales of its products to customers in stores located in Massachusetts, who subsequently travel to stores in another State to pick up their purchased merchandise. The Appellate Tax Board (board) rejected Circuit City's challenge to the refusal by the Commissioner of Revenue (commissioner) to abate $172,460 (plus interest...

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