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BAEHR BROTHERS AND GUY L. WARMAN v. COMMONWEALTH PENNSYLVANIA (11/02/77)

decided: November 2, 1977.

BAEHR BROTHERS AND GUY L. WARMAN, THOMAS D. THOMSON AND ROBERT W. MURDOCH, TRUSTEES, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, RESPONDENT



Appeal from the Order of the Board of Finance and Revenue in case of In Re: Baehr Brothers and Guy L. Warman, Thomas D. Thomson and Robert W. Murdoch, Trustees, Docket No. RRT-1691.

COUNSEL

John M. Studeny, with him Guy L. Warman, and Metz, Cook, Hanna & Kelly, for petitioners.

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

President Judge Bowman and Judges Mencer and Blatt, sitting as a panel of three. Opinion by President Judge Bowman.

Author: Bowman

[ 32 Pa. Commw. Page 291]

This Pennsylvania realty transfer tax matter is before this Court on appeal from a determination of the Board of Finance and Revenue. Petitioners are Baehr Brothers, a Pennsylvania corporation (Corporation),

[ 32 Pa. Commw. Page 292]

    which has been dissolved, and Guy L. Warman, Thomas D. Thomson and Robert W. Murdoch, Trustees (Trustees) for the stockholders of the Corporation.

On July 18, 1974, the stockholders of the Corporation executed an Agreement for Liquidation of Assets of the Corporation upon the Corporation's dissolution. The Agreement created a trust into which any real estate owned by the Corporation and not liquidated at the time of distribution to the stockholders would be placed until sold. On June 5, 1975, the Corporation filed its Election to Dissolve with the Commonwealth. On June 16, 1975, the Corporation transferred to the Trustees by deed a parcel of real estate at 5310 North Eighth Street, Philadelphia (property). This deed was recorded in the Office of the Commissioner of Records of Philadelphia County without any Pennsylvania realty transfer tax stamps being affixed thereto. The Trustees on September 16, 1975, conveyed the property by deed to a third party for a consideration of $88,000. Pennsylvania realty transfer tax stamps in the amount of $880.00 were affixed to this recorded deed.

On March 24, 1976, the Department of Revenue of the Commonwealth ruled that Pennsylvania realty transfer tax stamps in the amount of $880.00 were required to be affixed to the deed to the property transferred from the Corporation to the Trustees. Petitioners appealed to the Board of Finance and Revenue, but the finding of the Department of Revenue was sustained.

The sole issue before this Court is whether or not The Realty Transfer Tax Act (Act)*fn1 requires tax stamps to be affixed to the recorded deed conveying

[ 32 Pa. Commw. Page 293]

    the property to the Trustees. Section 3 of the Act, 72 ...


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