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BLOOMINGDALE'S BY MAIL v. DEPT. OF REV.

No. 2345 C.D. 1985.

101 Pa.Commw. 431 (1986)

516 A.2d 827

Bloomingdale's By Mail, Ltd., Petitioner v. Commonwealth of Pennsylvania, Department of Revenue, and James I. Scheiner, in his capacity as Secretary of Revenue, Commonwealth of Pennsylvania, Department of Revenue, Respondents.

Commonwealth Court of Pennsylvania.

October 22, 1986.

Attorney(s) appearing for the Case

Maryann B. Gall, Jones, Day, Reavis & Pogue, with her, Peter J. Boyer, Blank, Rome, Comisky & McCauley, Of Counsel: Samuel E. Dyer and Michael J. Rosner, for petitioner.

George T. Bell, Chief Counsel, with him, Arthur F. McNulty, Associate Counsel, for respondents.

Argued September 10, 1986, before Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE DOYLE, October 22, 1986:

Presently before us is a motion for partial summary judgment in which the Department of Revenue (Department) seeks a determination as to whether it can compel Bloomingdale's By Mail, Ltd. (BBM) to provide the Department with mail order transactional sales data concerning BBM's Pennsylvania customers who have purchased items subject to the Pennsylvania use tax and allow the Department to examine BBM's books and records to ascertain...

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