SIMON v. COMMONWEALTH.

No. 2568 C.D. 1979.

55 Pa.Commw. 225 (1980)

B. Kenneth Simon, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

December 9, 1980.


Attorney(s) appearing for the Case

Michael A. Steger, Smiley and McGinty, for petitioner.

Paul S. Roeder, Deputy Attorney General, for respondent.

Argued September 11, 1980, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE MENCER, December 9, 1980:

B. Kenneth Simon (petitioner) appeals from an order of the Board of Finance and Revenue which affirmed a decision of the Board of Appeals of the Department of Revenue denying petitioner's claim for a refund of sales tax. We affirm.

The facts are not disputed. On October 17, 1973, petitioner, who is president and sole shareholder of All-Pak, Inc. (All-Pak), contracted with the Burroughs Corporation (Burroughs) to purchase...

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