Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 64C, § 18

Fictitious prices; discounts

Official textmalegislature.gov

Section 18. In determining cost to the retailer and cost to the wholesaler, the court shall receive and consider, as bearing on the bona fides of such cost, evidence tending to show that any person complained against under any provision of sections thirteen to twenty-one, inclusive, purchased cigarettes with respect to the sale of which complaint is made at a fictitious price or upon terms or in such a manner or under such invoices as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider, as bearing on the bona fides of such cost, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature.

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In this chapter (40 sections)
  1. 64C-3-4 · Repealed, 1976, 415, Sec. 107
  2. 64C-5 · Records and statements required of vendors and purchasers
  3. 64C-5A · Collection of excises imposed on residents purchasing…
  4. 64C-6 · Payment of excise; reports and examination of records of…
  5. 64C-7 · Repealed, 1976, 415, Sec. 107; 1996, 450, Sec. 115
  6. 64C-7A · Additional cigarette excise tax; credit to Children's and…
  7. 64C-7B · Cigars and smoking tobacco; payment and rate of excise tax;…
  8. 64C-7C · Additional payment of excise; credit to Health Protection Fund
  9. 64C-7D · Personal and individual liability to commonwealth upon failure…
  10. 64C-7E · Electronic nicotine delivery systems; definitions; excise…
  11. 64C-8 · Prosecution for illegal possession, etc.
  12. 64C-9 · Repealed, 1976, 415, Sec. 107
  13. 64C-10 · Regulation of vending machines; penalties for particular…
  14. 64C-11 · Records and reports of purchases and sales; investigation,…
  15. 64C-12 · Selling price; ''loss-leaders'' prohibited
  16. 64C-13 · Definitions of cost and sale terms
  17. 64C-14 · Unfair competition; penalty
  18. 64C-15 · Application of act to unusual sales
  19. 64C-16 · Fair competition; prices
  20. 64C-17 · Illegal contracts
  21. 64C-18 · Fictitious prices; discounts
  22. 64C-19 · Invoice cost of goods purchased at forced sales
  23. 64C-20 · Cost survey as evidence
  24. 64C-21 · Liability of agents aiding violations
  25. 64C-22-to-25 · Repealed, 1976, 415, Sec. 107
  26. 64C-26 · Police power
  27. 64C-27 · Severability clause
  28. 64C-28 · Disposition of sums received
  29. 64C-29 · Payment of tax through use of adhesive stamps
  30. 64C-30 · Stamper; purchase and use of stamps; appointment;…
  31. 64C-31 · Redemption of unused or mutilated stamps, etc.
  32. 64C-32 · Repealed, 1976, 415, Sec. 107
  33. 64C-33 · Unstamped cigarettes or stamps; prohibition of sale, etc.;…
  34. 64C-33A · Packages containing fewer than 20 cigarettes; stamps;…
  35. 64C-34 · Possession, sale, etc., of unstamped cigarettes; penalty;…
  36. 64C-35 · Possession or transportation of unstamped cigarettes; penalty;…
  37. 64C-36 · Possession or transportation of unstamped cigarettes;…
  38. 64C-37 · Forgery, alteration, etc., of excise stamps; unauthorized use…
  39. 64C-38 · Unauthorized use of excise stamps; penalty
  40. 64C-38A · Seizure, forfeiture and sale of unstamped cigarettes and…
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