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BROOMALL TERRACE, INC. v. COM. OF PA.

No. 505 C.D. 1977.

46 Pa.Commw. 577 (1979)

Broomall Terrace, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent

Commonwealth Court of Pennsylvania.

October 23, 1979.

Attorney(s) appearing for the Case

Rocco M. Nigro, for petitioner.

Robert P. Coyne, Deputy Attorney General, for respondent.

Argued September 11, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges CRUMLISH, JR. and MENCER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, October 23, 1979:

This is an appeal from an order of the Board of Finance and Revenue which denied appellant taxpayer's petition for refund as being "res judicata and because it fails to comply with the provisions of Section 503(a) of the Fiscal Code of 1929."

It is before us de novo but on stipulated facts which we hereby adopt and which stipulation discloses the following relevant factual and procedural matrix. The capital...

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