OPINION BY PRESIDENT JUDGE BOWMAN, June 27, 1974:
In this tax appeal under Section 1104 of The Fiscal Code, Act of April 9, 1929, P.L. 343, as amended, 72 P.S. § 1104 (Supp. 1973-1974), we are confronted with a novel issue raised in a novel way.
Having taken the appeal, taxpayer appellant, prior to seeking de novo hearing on its appeal, filed a motion for summary judgment seemingly pursuant to Pa. R.C.P. No. 1035 raising a purely legal issue, which...
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