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MILLER CHEVROLET CO. v. PITTSBURGH

400 Pa. 648 (1960)

Miller Chevrolet Company, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

June 30, 1960.

Attorney(s) appearing for the Case

Jerome C. Bachrach, with him Gregory Zatkovich, for appellant.

Regis C. Nairn, Assistant City Solicitor, with him Edmund W. Ridall, Jr., Assistant School Solicitor, Niles Anderson, School Solicitor, and David Stahl, City Solicitor, for Pittsburgh and School District, appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, June 30, 1960:

Appellant is a franchised General Motors Dealer in new and used automobiles. As such, it is subject to the assessment by the City and School District of Pittsburgh of a mercantile tax of two mills and one mill, respectively, "on each dollar of the volume of the annual gross business transacted." Not having included in its computations of gross receipts the difference between the manufacturer's recommended list price, on...

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