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ALBACORE CORP. v. BD. of FINANCE and REV.

Appeal, No. 410 Tr. Dkt. 1970.

9 Pa.Commw. 278 (1973)

Albacore Corporation v. Board of Finance and Revenue.

Commonwealth Court of Pennsylvania.

July 11, 1973.

Attorney(s) appearing for the Case

William P. Thorn, with him Samuel H. Levy and Wolf, Block, Schorr & Solis-Cohen, for appellant.

Eugene J. Anastasio, Deputy Attorney General, for appellee.

Argued June 4, 1973, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE WILKINSON, July 11, 1973:

One very narrow but important issue is presented by this appeal. As accurately presented by counsel for appellant in the statement of the questions involved, it is: "May the foreign excise tax be applied in 1965 to an alleged asset that had been disclosed, but not included, in the initial report for 1959 and in the reports for all subsequent years which are now closed by the statute of limitations?" This was answered in the...

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