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BLUMENTHAL BROS. CHOC. CO. v. COM.

Appeals, Nos. 408 Tr. Dkt. 1970 and 573 Tr. Dkt. 1970.

5 Pa.Commw. 344 (1972)

Blumenthal Brothers Chocolate Company v. Commonwealth.

Commonwealth Court of Pennsylvania.

May 9, 1972.

Attorney(s) appearing for the Case

William P. Thorn, with him Wolf, Block, Schorr & Solis-Cohen, Leslie B. Handler, and Handler & Handler, for appellant.

Edward T. Baker, Deputy Attorney General, for appellee.

Argued December 7, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. The evidentiary hearing was held before Judge MANDERINO and by stipulation, the parties agreed to submit the case to the judges of the court other than Judge MANDERINO who did not participate in the legal argument nor in the decision.

OPINION BY PRESIDENT JUDGE BOWMAN, May 9, 1972:

These tax appeals by Blumenthal Brothers Chocolate Company challenge resettlement of appellant's 1965 and 1966 fiscal year corporate net income tax liability, which resettlements were sustained by the Board of Finance and Revenue and from which action the instant appeals were taken.

The Corporate Net Income Tax Act, Act of May 16, 1935, P.L. 208, as amended, 72 P.S. § 3420a et seq., imposes a tax...

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