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TIR 07-11: ATB Decision in Adirondack Beverages Corporation


The Massachusetts Appellate Tax Board (ATB) has issued a decision in Adirondack Beverages Corporation v. Commissioner of Revenue Docket Nos. C267064 and C275091 (June 1, 2007).  The issue in this case involved the proper method of calculating abandoned deposit amounts under G.L. c. 94, ss. 321-327 (the “Bottle Bill”).

The Commissioner had argued that deposit amounts be calculated inclusive of all beverage containers sold to distributors or dealers and delivered to their warehouses in Massachusetts.  The ATB concluded that the Bottle Bill refers only to retail sales to consumers in Massachusetts.  Thus, it held that Adirondack was entitled to a credit for beverage containers that were delivered to distributors and dealers located in Massachusetts where the containers were subsequently shipped out-of-state for retail sale.  The Commissioner will address the issues raised in this case by amending the Bottle Bill Regulation, 830 CMR 94.323.1.



/s/Henry Dormitzer
Henry Dormitzer
Commissioner of Revenue




HD:MTF:dbs

July 25, 2007

TIR 07-11