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GREENVILLE STEEL CAR CO. v. COMTH.

No. 338 C.D. 1973.

20 Pa.Commw. 385 (1975)

Greenville Steel Car Company, Appellant, v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

July 22, 1975.

Attorney(s) appearing for the Case

Carl F. Chronister, with him Reed, Smith, Shaw & McClay, for appellant.

Eugene J. Anastasio, Deputy Attorney General, for appellee.

Argued January 7, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., July 22, 1975:

This appeal presents a narrow but important question of first impression under the Tax Reform Code of 1971, Act of May 4, 1971, P.L. 6, as amended, 72 P.S. §§ 7101 et seq. (Supp. 1974-1975). May a domestic corporation electing to compute and pay its capital stock-franchise tax as a foreign corporation apportion the actual value of its capital stock if it does not have income from business activity which...

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