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DEPT. REV., APLNT. v. W. PENN POWER

No. 671 C.D. 1974.

18 Pa.Commw. 173 (1975)

Commonwealth of Pennsylvania, Department of Revenue, Appellant, v. West Penn Power Company, Appellee.

Commonwealth Court of Pennsylvania.

March 27, 1975.

Attorney(s) appearing for the Case

Paul S. Roeder, Assistant Attorney General, with him Lawrence J. Rosen, Chief, Appeals Section, for appellant.

Lloyd R. Persun, with him Howell C. Mette, and Shearer, Mette, Hoerner & Woodside, for appellee.

Argued January 6, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, March 27, 1975:

On March 27, 1974, the Board of Finance and Revenue, after considering West Penn Power Company's (West Penn) petition for refund of sales tax collected between 1966 and 1969, ordered that the refund be granted in the amount of $5,370.98. On April 9 the Department of Revenue (Department) issued a credit memorandum to West Penn in that amount and accepted it as payment...

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