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COM. v. QWEST TRANSMISSION, INC.

765 A.2d 818 (2000)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE v. QWEST TRANSMISSION, INC. (formerly Microwave Site Maintenance, Inc. and Qwest Communications, Inc.) as Bulk Transferee under 72 P.S. § 1403(a) from Qwest Microwave Corporation, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 5, 2000.

Reargument Denied February 15, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Blum, Pittsburgh, for appellant.

Christos A. Katsaounis, Harrisburg, for appellees.

Before COLINS, Judge, LEADBETTER, Judge, and LEDERER, Senior Judge.

LEDERER, Senior Judge.

The issue presented is whether the Court of Common Pleas of York County (trial court) erred by granting the Pennsylvania Department of Revenue's preliminary objections in the form of a demurrer, which dismissed the affidavit of defense filed by Qwest Transmission, Inc. We hold that the trial court properly denied Qwest Transmission, Inc. the right to contest the amount of the corporate tax settlement made by the Department of Revenue (Department...

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