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PIZZUTTI, INC. v. COM.

No. 306 F.R. 2007.

976 A.2d 641 (2009)

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

Commonwealth Court of Pennsylvania.

Decided June 8, 2009.

Attorney(s) appearing for the Case

Frederick D. Rapone, Jr., Pittsburgh, for petitioner.

Karen M. Gard, Sr. Deputy Attorney General, Harrisburg, for respondent.

BEFORE: LEAVITT, Judge, and BUTLER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Pizzutti, Inc. petitions for review of an order of the Board of Finance and Revenue (Board) sustaining the Department of Revenue's (Department) assessment issued for the sales tax collected, but not remitted, by another corporation, Le Perroquet, Inc. The Board concluded that Pizzutti, Inc. could be held liable for these unpaid sales taxes because it was using the restaurant equipment of Le Perroquet, Inc. In this case, we consider whether...

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