Randolph Credit Union v. Board of Assessors
Randolph Credit Union v. Board of Assessors
Opinion of the Court
In a sense this case presents a variation on themes expressed in Tilcon Mass., Inc. v. Commissioner of Rev., 30 Mass. App. Ct. 264 (1991), and State St. Boston Corp. v. Commissioner of Rev., 30 Mass. App. Ct. 920 (1991), namely the high degree of compliance demanded with timetable requirements of abatement procedures in Massachusetts taxing statutes. Here the taxpayer’s appeal to the Appellate Tax Board was dismissed for want of jurisdiction because the taxpayer had not madé timely payment of the taxes as required by G. L. c. 59, § 64. From that dismissal the taxpayer has appealed.
Among the conditions for filing an appeal with the Appellate Tax Board from the denial by local assessors of an appli
The town deposited the taxpayer’s check for collection, and on May 3, 1990, it bounced. What had happened was that the Provident had followed a policy under § 229.13(b) of Federal Reserve Board Regulation CC, appearing at 12 C.F.R. § 229.13(b) (1991), which authorized banks to place a hold on checks over $5,000. In the case of the Provident the holding period was five days and, thus, there were insufficient funds credited to the taxpayer’s account when its check to Randolph was presented for payment. It became necessary for the town to redeposit the taxpayer’s check on May 11, 1990, and for the taxpayer to pay interest for the first eleven days of May on its now late payment. The taxpayer had failed to make full payment of the tax, “without the incurring of any interest charges on any part of said tax,” G. L. c. 59, § 64, as appearing in St. 1982, c. 653, § 6, and, thus, lost the ability to take its appeal to the Appellate Tax Board.
To avoid the stricture of the statute, the taxpayer argues it had made timely payment to the town because it had delivered a check drawn on an account at a solvent bank with sufficient funds in the account to cover the check. See Terry v. Kemper Ins. Co., 390 Mass. 450, 455 (1983); First Natl. Ins. Co. v. Commonwealth, 391 Mass. 321, 326-327 (1984).
The decision of the Appellate Tax Board dismissing the appeal is affirmed.
So ordered.
The taxpayer has not contended that the Provident failed to comply with regulatory notice requirements about its “hold” policy on large check deposits. See Federal Reserve Board Regulation CC § 229.13(g), 12 C.F.R. § 229.13(g) (1992), a matter which, in any event, would seem to be between the taxpayer and the bank rather than between the taxpayer and the tax collector.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.