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COM. OF PA. v. EQUITABLE GAS CO.

No. 1001 C.D. 1976.

85 Pa.Commw. 577 (1984)

Commonwealth of Pennsylvania v. Equitable Gas Company, Appellant.

Commonwealth Court of Pennsylvania.

October 26, 1984.

Attorney(s) appearing for the Case

Ronald M. Katzman, Goldberg, Evans & Katzman, P.C., for appellant.

Paul S. Roeder, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for appellee.

Argued September 11, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, BARRY and COLINS.

OPINION BY JUDGE MacPHAIL, October 26, 1984:

Equitable Gas Company (Equitable) appeals here from an order of the Board of Finance and Revenue dated May 5, 1976, which affirmed the reassessment of a use tax deficiency against Equitable. The Board of Review determined that such taxes were due on the basis that the materials in question were not directly involved in the producing, rendering or delivering of the public utility service and, were not, therefore, excluded...

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