FLEET PIZZA, INC. ET AL. v. COM. OF PA.

Nos. 1556 C.D. 1986, 2707 C.D. 1986 and 3228 C.D. 1986.

114 Pa.Commw. 232 (1988)

536 A.2d 642

Fleet Pizza, Inc. t/a Domino's Pizza, Petitioner v. Commonwealth of Pennsylvania, Respondent. Fleet Pizza, Inc. t/a Domino's Pizza, Petitioner v. Commonwealth of Pennsylvania, Respondent. S&M Pizza, Ltd., t/a Domino's Pizza, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

March 3, 1988.


Attorney(s) appearing for the Case

Francis Mazzola, Dechert, Price & Rhoads, with him, P. J. DiQuinzio, for petitioners.

Kathleen Krise Shaulis, Assistant Counsel, with her, James W. Bruce, Assistant Chief Counsel, for respondent.

Argued November 20, 1987, before Judges MacPHAIL and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY SENIOR JUDGE KALISH, March 3, 1988:

These are consolidated appeals. Petitioners, Fleet Pizza, Inc. (Fleet), t/a Domino's Pizza, and S&M Pizza Ltd. (S&M), t/a Domino's Pizza, are franchisees of Domino's Pizza, Inc. Petitioners seek review of decisions of the Board of Finance and Revenue (Board) which sustained a sales and use tax assessment against the petitioners and denied a sales and use tax refund to them. We reverse.

On March 2, 1984...

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