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ALLENTOWN W. GROCERY CO. v. COM.

Appeal, Nos. 698 C.D. 1971 and 699 C.D. 1971.

5 Pa.Commw. 426 (1972)

Allentown Wholesale Grocery Company v. Commonwealth.

Commonwealth Court of Pennsylvania.

May 25, 1972.

Attorney(s) appearing for the Case

Dean A. Weidner, with him Sherill T. Moyer, Frank A. Sinon and Rhoads, Sinon & Reader, and, of counsel, Whisler, Pearlstine, Talone, Craig & Garrity, for appellant.

M. David Smeltz, Deputy Attorney General, for appellee.

Argued March 8, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, May 25, 1972:

Allentown Wholesale Grocery Company (Allentown) is a Pennsylvania corporation engaged in the business of wholesale food distribution. Allentown timely filed its capital stock and corporate net income tax reports for its fiscal year which commenced December 29, 1968 and ended December 27, 1969. In its reports Allentown calculated its capital stock tax at the rate of six mills and its corporate net income tax at

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