Contingent Payments
In determining the amount of Massachusetts gain for the entire transaction for purposes of 830 CMR 62.63.1(4) and (5), contingent payments shall be presumed to be valued at their stated maximum selling price for the transaction, and contingent payment transactions that do not state a maximum selling price shall be presumed to give rise to a Massachusetts gain for the entire transaction of at least $1 million, unless a separate Massachusetts determination of the value of contingent payments or of the maximum selling price is made by the taxpayer and such determination is submitted to and approved by the Commissioner for purposes of determining the amount of Massachusetts gain for the entire transaction under 830 CMR 62.63.1(4) and (5).