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ATL. COAST PORTS S. CORP. v. COM. OF PA.

1 Pa.Commw. 254 (1971)

The Atlantic Coast Ports Service Corporation v. Commonwealth of Pennsylvania.

Commonwealth Court of Pennsylvania.

March 9, 1971.

Attorney(s) appearing for the Case

David H. Rosenbluth, with him Lane Taylor, Jr., and Ronon, Stevens & Young, for appellant.

Eugene J. Anastasio, Deputy Attorney General, with him Fred Speaker, Attorney General, for appellee.

Argued December 8, 1970, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and BARBIERI (who has since been appointed to the Supreme Court and did not participate in the decision). Reargued March 4, 1971, before the full bench, including Judge THEODORE O. ROGERS, who was appointed to fill the vacancy left by the resignation of Judge BARBIERI.

OPINION BY JUDGE WILKINSON, March 9, 1971:

This case comes before the Court on appeal by Atlantic Coast Ports Service Corporation from the refusal of the Board of Finance and Revenue to review the corporation's petition for review of the Pennsylvania corporate net income tax assessment for the year ending December 31, 1964. All of the facts were stipulated by the parties. We adopt this stipulation and set forth those facts most pertinent to our opinion.

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