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EAT'N PARK RESTAURANTS BUSINESS v. COM.

802 A.2d 1280 (2002)

EAT'N PARK RESTAURANTS BUSINESS TRUST, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 22, 2002.

Attorney(s) appearing for the Case

Charles L. Potter, Jr., Pittsburgh, for petitioner.

Michael A. Roman, Harrisburg, for respondent.

BEFORE: FRIEDMAN, J., LEADBETTER, J., and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

Eat `n Park Restaurants Business Trust (Petitioner) petitions for review of an order of the Board of Finance and Revenue (Board) subjecting Petitioner to capital stock and franchise (capital stock) tax for the 1995 tax year. We reverse.

Based on a Stipulation of Facts entered into by the parties and the briefs of both parties, the following facts became evident: Currently, Petitioner is organized as a business trust and maintains...

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