USAIR, INC. v. COM.


157 Pa.Commw. 303 (1993)

629 A.2d 300

USAIR, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 23, 1993.


Attorney(s) appearing for the Case

John H. Enos, III, for petitioner.

Bart J. Deluca, Jr., for respondent.

Before CRAIG, President Judge, and DOYLE, PALLADINO, McGINLEY, SMITH, PELLEGRINI and FRIEDMAN, JJ.


PALLADINO, Judge.

USAir, Inc. (Taxpayer) appeals from an order of the Board of Finance and Revenue (BFR) which sustained a decision of the Board of Appeals (Board) denying Taxpayer's claim for a refund of Pennsylvania use tax on its purchases of food, nonalcoholic beverages and related non-food supplies for the period February 1, 1986 through December 31, 1987. We reverse.

The parties stipulated to...

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