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COM. v. PHOEBE W. HAAS CHARIT. TRUST "A"

487 Pa. 186 (1979)

409 A.2d 27

COMMONWEALTH of Pennsylvania v. PHOEBE W. HAAS CHARITABLE TRUST "A", F. Otto Haas, et al. Trustees, Appellants.

Supreme Court of Pennsylvania.

December 21, 1979.

Attorney(s) appearing for the Case

Philip C. Herr, II, Philadelphia, for appellants.

Robert Patrick Coyne, Vincent J. Dopka, Deputy Attys. Gen., for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

O'BRIEN, Justice.

This is an appeal from a decision of the Commonwealth Court1 affirming the refusal of the Commonwealth Board of Finance and Review to refund certain income taxes paid by a trust known as "Phoebe W. Haas Charitable Trust `A.'" Phoebe W. Haas created a trust by deed, dated August 24, 1961, which provides, inter alia:

1. The income from the trust is to be paid to charity for...

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