OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether the debtor is liable to the Commonwealth of Pennsylvania for sales and use tax where the debtor was engaged in the business of selling soft pretzels from sidewalk booths and kiosks. We conclude that the sale of pretzels by the debtor falls within an exception to the sales and use tax, and we will, consequently disallow the Commonwealth's claim.
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