SOMMA ET UX. v. COMMONWEALTH.

No. 2056 C.D. 1977.

45 Pa.Commw. 332 (1979)

Leo and Elizabeth Somma, Petitioners v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

September 4, 1979.


Attorney(s) appearing for the Case

Kenneth E. Aaron, with him Davidson, Aaron & Tumini, for petitioners.

Vincent J. Dopko, Deputy Attorney General, for respondent.

Argued June 5, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, CRAIG and MacPHAIL. Judges BLATT and DiSALLE did not participate.


OPINION BY PRESIDENT JUDGE BOWMAN, September 4, 1979:

As authorized by Section 763 of the Judicial Code, 42 Pa. C.S. § 763, petitioners seek review of an order of the Board of Finance and Revenue, which sustained a Department of Revenue assessment against petitioners but in doing so declined to rule on a challenge made by petitioners to the constitutionality of Section 314(a) of the Tax Reform Code of 1971 (Code), Act of March 4, 1971, P.L. 6, as amended,...

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