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ROSS-ARACO, CORP. v. COM.

165 Pa.Commw. 49 (1994)

644 A.2d 235

ROSS-ARACO, CORP., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Daniel J. Dugan, for petitioner.

Kevin A. Moury, Deputy Atty. Gen., for respondent.

Before DOYLE and COLINS, JJ., and DELLA PORTA, Senior Judge.

DELLA PORTA, Senior Judge.

Ross-Araco Corp. (Taxpayer) petitions for review of the decision of the Board of Finance and Review (Board) which refused to classify Taxpayer's gain from the sale of a tract of land as "nonbusiness income" under Section 401(3)2.(a)(1)(D) of the Tax Reform Code of 1971 (Code),1 for the purpose of calculating Taxpayer's corporate net income tax for the fiscal year ending November 30, 1988.

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