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TRIUMPH HOSIERY MILLS v. COMTH

No. 1609 C.D. 1973.

21 Pa.Commw. 186 (1975)

Triumph Hosiery Mills, Inc., Appellant, v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

September 5, 1975.

Attorney(s) appearing for the Case

Harry J. Rubin, with him Krekstein, Rubin & Lasday, for appellant.

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

Jack H. Harper, with him Samuel C. Harry, and, of counsel, Morgan, Lewis & Bockius, for amicus curiae, Brown & Williamson Tobacco Corporation.

N. David Rahal, with him Roy J. Keefer, and Metzger, Hafer, Keefer, Thomas and Wood, for amicus curiae, Chicago Bridge & Iron Company.

Robert L. Weldon, with him Sherill T. Moyer, Frank A. Sinon, and Rhoads, Sinon & Reader, for amicus curiae, American Can Company.

Argued June 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, September 5, 1975:

Triumph Hosiery Hills, Inc. (appellant) is a New York corporation which transacts a part of its business in Pennsylvania. By exercising its privilege to engage in business within this state, appellant is necessarily subject to the imposition of the Pennsylvania corporate net income tax.1

Subsequent to appellant's filing of its Pennsylvania corporate net income tax return for...

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