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ROSSI v. COMTH.

No. 1034 C.D. 1971.

20 Pa.Commw. 517 (1975)

Joseph F. Rossi, t/a Pizzeria, Appellant, v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

July 29, 1975.

Attorney(s) appearing for the Case

Ernest B. Orsatti, with him Joseph J. Pass, Jr., Neal R. Cramer, McKay, Arch & Steele, and Jubelirer, McKay, Pass & Intrieri, for appellant.

Paul S. Roeder, Assistant Attorney General, for appellee.

Argued June 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, July 29, 1975:

This is an appeal by Joseph F. Rossi, t/a Pizzeria, from an order of the Board of Finance and Revenue. The Board refused Rossi's petition for review and sustained the decision of the Sales Tax Board of Review assessing Rossi for sales tax for the period January 1, 1968 through June 30, 1970. The issue in this case is whether the sale of baked pizza by Rossi was a sale from an "eating place." We conclude that it was not and,...

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