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BYNUM v. DEPT. OF REVENUE

No. 43 T.D. 1983.

86 Pa.Commw. 155 (1984)

Jacob Bynum, Appellant v. Commonwealth of Pennsylvania, Department of Revenue, Appellee.

Commonwealth Court of Pennsylvania.

November 23, 1984.

Attorney(s) appearing for the Case

Lillian M. Thornton, for appellant.

Prince Altee Thomas, Deputy Attorney General, for appellee.

Argued October 17, 1984, before Judges ROGERS, CRAIG and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, November 23, 1984:

Jacob Bynum appeals from a decision of the Court of Common Pleas of Philadelphia County denying a petition to open judgment in a proceeding which the Pennsylvania Department of Revenue had instituted to satisfy an outstanding liquid fuels tax assessment. We must determine whether Bynum may interpose defenses addressed to the merits of the tax assessment after the department has filed a tax lien and executed on his property...

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