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UNION BANK AND TRUST COMPANY EASTERN PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (02/26/75)

decided: February 26, 1975.

UNION BANK AND TRUST COMPANY OF EASTERN PENNSYLVANIA, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Board of Finance and Revenue in case of Petitions of Union Bank and Trust Company of Eastern Pennsylvania.

COUNSEL

Norman A. Peil, Jr., for appellant.

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

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.

Author: Mencer

[ 16 Pa. Commw. Page 481]

The Union Bank and Trust Company of Eastern Pennsylvania (appellant) filed an appeal on June 5, 1974 from the refusal of the Board of Finance and Revenue (Board) to rehear appellant's earlier and rejected

[ 16 Pa. Commw. Page 482]

    petitions for refund of bank shares tax paid by it for 1969 and 1970. On October 21, 1974, the Commonwealth of Pennsylvania filed a motion to dismiss the appeal and by order of November 4, 1974 the parties were directed to submit briefs relative to the pending motion to quash.

Appellant is a state-chartered bank and trust company which, for the years 1969 and 1970, was taxable under the provisions of Section 1 of the Act of June 13, 1907, P.L. 640, as amended, Acts of December 29, 1967, P.L. 910, § 1, and December 31, 1969, P.L. 430, § 1.*fn1 These provisions subjected appellant to paying a bank shares tax. Following payment and resettlement of the taxes for the years in question, appellant, on March 19, 1973, filed petitions for refund, pursuant to Section 503(a)(1) of The Fiscal Code, Act of April 9, 1929, P.L. 343, as amended, 72 P.S. § 503(a)(1) (Supp. 1974-1975). These petitions were refused by the Board of Finance and Revenue on November 28, 1973 for the reason that they were filed more than one year after (1) the payment of the taxes for which refund was sought and (2) the settlement of such taxes.

On May 2, 1974, appellant filed a petition for rehearing of these rejected petitions for refund of the bank shares tax paid in 1969 and 1970. On May 9, 1974, the Board refused to grant rehearing, and these appeals followed.*fn2

On July 1, 1974, appellant filed petitions for refund for the years 1969 and 1970, asserting that these petitions were filed in conformity with the provisions of

[ 16 Pa. Commw. Page 483]

Section 503(a)(4) of The Fiscal Code, 72 P.S. ...


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