A quarterly summary and brief analysis of significant decisions issued by the Massachusetts Superior Court Business Litigation Session. A service of O’Connor, Carnathan and Mack LLC.
 

May 2007

Volume 3
Number 4
Page 5

 

Summarizing opinions from October 1, 2006 through
December 31, 2006


Court upholds DOR tax lev
 

 


 
 

 

 

 

 


 

     

O  T  H  E  R      D  E  C  I  S  I  O  N  S  :

Blasberg v. Commissioner of Revenue, 2006 Mass. LEXIS 560
(Nov. 20, 2006) (van Gestel, J.).

     

This case addressed the validity of the Department of Revenue's tax levy of a bank account. Plaintiff, the trustee of an indenture trust, claimed that the bank account did not belong to the taxpayer, but instead was the property of six classes of the taxpayers' creditors for whose benefit the trust was established. The Court rejected this argument. In addition, the Court held that even if the

 

 

 


 

trustee had a right to the bank account, the DOR's lien took priority because the lien took effect at a time when the UCC financing statements of the trustee had lapsed.

Read almost daily commentary on fiduciary duty litigation on our blog at www.dalailawyer.blogspot.com, which can also be accessed through a link on our firm website at www.ocmlaw.net.


 
 

 

 

 

 


 

 
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