AMERICAN AIRLINES, INC. v. COM.


157 Pa.Commw. 315 (1993)

629 A.2d 306

AMERICAN AIRLINES, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 23, 1993.


Attorney(s) appearing for the Case

Ralph S. Snyder and Steve D. Shadowen, for petitioner.

Bart J. Deluca, Jr., Sr. Deputy Atty. Gen., for respondent.

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


PALLADINO, Judge.

American Airlines (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 request for a reassessment of Pennsylvania use tax on its purchases of food and non-alcoholic beverages for the period April 1, 1985 through January 31, 1988. We reverse.

The parties stipulated to the facts which follow. Taxpayer is a public utility engaged in providing...

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