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MAGAZINE PUB. OF AMER. v. DEPT. OF REV.

539 Pa. 563 (1995)

654 A.2d 519

MAGAZINE PUBLISHERS OF AMERICA; Rodale Press, Inc.; Cowles Magazines; A.K.A. Productions; Commonwealth Communications Services, Inc.; Farm Journal, Inc.; Metro Corp.; News America Publications, Inc.; Northwoods Publishers, Inc.; Pennsylvania Magazine Company; Press-Enterprise, Inc.; QED Communications, Inc.; Springhouse Corporation; and Wentworth Publishing Co., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE c/o Eileen H. McNulty, Secretary and Eileen H. McNulty, in her capacity as Secretary of the Department of Revenue, Appellees.

Supreme Court of Pennsylvania.

Decided January 18, 1995.

Attorney(s) appearing for the Case

David H. Marion, Howard J. Bashman, Philadelphia, for Magazine Publishers, et al.

Ronald Shur, Voorhees, NJ, Reuben A. Guttman, Blue Bell, for amicus curiae American B.P.

Matthew W. Tomalis, Harrisburg, for Dept. of Revenue.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION

NIX, Chief Justice.

Appellants, the Magazine Publishers of America and the Pennsylvania-based publishers of magazines, appeal from the Order of the Commonwealth Court which denied their request for declaratory and injunctive relief. In their petition to the Commonwealth Court, Appellants alleged that the December 13, 1991, amendment to the Tax Reform Code of 1971 ("Tax Code"),

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