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COM. v. WESTINGHOUSE ELEC. CORP.

478 Pa. 164 (1978)

386 A.2d 491

COMMONWEALTH of Pennsylvania v. WESTINGHOUSE ELECTRIC CORPORATION, Appellant.

Supreme Court of Pennsylvania.

Decided April 27, 1978.

Reargument Denied May 31, 1978.

Attorney(s) appearing for the Case

Howell C. Mette, Shearer, Mette & Woodside, Harrisburg, for appellant.

Vincent Dopko Harrisburg, Deputy Atty. Gen., Philip C. Herr, Philadelphia, Scott Schearer, Harrisburg, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION

LARSEN, Justice.

When appellant, a Pennsylvania corporation, filed its consolidated Federal corporate income tax return for calendar year 1969, it elected to claim the taxes which it paid to foreign governments as a credit against its Federal tax liability rather than as a deduction from its gross income.1 Since the Pennsylvania Corporate Net Income Tax Act of May 16, 1935, P...

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