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GEMINI EQUIP. CO. v. COM. OF PA.

No. 1269 C.D. 1977.

117 Pa.Commw. 193 (1988)

542 A.2d 1068

Gemini Equipment Co., Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

June 20, 1988.

Attorney(s) appearing for the Case

William D. Boswell, Boswell, Tintner & Piccola, for petitioner.

Robert P. Coyne, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for respondent.

Argued April 18, 1988, before Judges MacPHAIL and DOYLE, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 20, 1988:

Gemini Equipment Company (Petitioner) has appealed an order of the Board of Finance and Revenue denying Petitioner's appeal of a Sales Tax Board of Review (Board) decision to deny Petitioner's claim for a sales tax refund. We affirm.

On October 3, 1974, Petitioner entered into an agreement with Kimbob, Inc. for the lease of certain construction equipment to Kimbob. According to the stipulation of facts entered into...

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