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COMMONWEALTH SECURITIES & INVESTMENTS v. COMMONWEALTH PENNSYLVANIA (10/18/85)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 18, 1985.

COMMONWEALTH SECURITIES & INVESTMENTS, INC. (FORMERLY HENRY FISHER & CO., INC., D/B/A HENRY FISHER MUNICIPALS), PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, RESPONDENT. C. C. COLLINGS & CO., INC., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, RESPONDENT. A. E. MASTEN & COMPANY, INC., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, RESPONDENT

Appeals from the Orders of the Board of Finance and Revenue in cases of C. C. Collings & Co., Inc., Docket Nos. 5797 and 5798; A. E. Masten & Company, Inc., Docket Nos. R-4541 and R-4865, and Commonwealth Securities & Investments, Inc. (formerly Henry Fisher & Co., Inc., d/b/a Henry Fisher Municipals), Docket Nos. R-4521A and R-4625.

COUNSEL

John D. O'Brien, for petitioner, Commonwealth Securities & Investments, Inc.

P. J. DiQuinzio, for petitioner, C. C. Collings & Co., Inc.

Foster S. Goldman, Jr., with him, Robert T. Harper, Berkman, Ruslander, Pohl, Lieber & Engel, for petitioner, A. E. Masten & Co., Inc.

Michael A. Roman, with him, Paul S. Roeder, Deputy Attorneys General, for respondent, Commonwealth of Pennsylvania.

President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., MacPhail, Doyle, Barry and Colins. President Judge Crumlish, Jr. and Judges Rogers, Craig, MacPhail, Doyle, Colins and Palladino.

Author: Per Curiam

[ 92 Pa. Commw. Page 306]

The Commonwealth has taken a number of exceptions to this Court's Opinion and Orders dated March 6, 1985 in the captioned cases. The central conclusion to which the Commonwealth has taken exception is the determination that the Corporate Net Income Tax, 72 P.S. 7401 et seq. is a direct tax upon income.

We have closely attended the Commonwealth's able brief and argument advancing essentially the same contentions favorable to the Commonwealth as those which were made by it when these matters were before us on appeals from orders of the Board of Finance and Revenue; and, adhering to the views we expressed in our earlier opinion and implemented by our orders, we now enter the following:

Order

And Now, this 18th day of October, 1985, it is ordered that the Commonwealth's exceptions be and the same hereby are dismissed.

Disposition

Exceptions dismissed.

19851018

© 1998 VersusLaw Inc.



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