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MORGAN v. COMMONWEALTH

No. 268 C.D. 1977.

42 Pa.Commw. 557 (1979)

M. Bernard Morgan, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

May 11, 1979.

Attorney(s) appearing for the Case

M. Bernard Morgan, petitioner, for himself.

R. Scott Shearer, Deputy Attorney General, for respondent.

Argued December 5, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS, BLATT, DiSALLE and CRAIG. Judges WILKINSON, JR. and MacPHAIL did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, May 11, 1979:

This is a personal income tax appeal from a decision of the Board of Finance and Revenue (Board). The principal issue before us is whether the buying and selling of stocks and bonds by an individual for his personal pecuniary benefit constitutes "operation of a business, profession, or other activity" within the meaning of Section 303(a)(2) of the Tax Reform Code of 1971 (Code),1 72 P.S...

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