DECHERT LLP v. COM.

No. 12 MAP 2008.

998 A.2d 575 (2010)

DECHERT LLP, Appellant v. COMMONWEALTH of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided July 20, 2010.


Attorney(s) appearing for the Case

David Robert Kraus, McNees Wallace & Nurick LLC, Harrisburg, Lee Allen Zoeller, Reed Smith LLP, Philadelphia, for Dechert LLP.

Karen Marie Gard, PA Office of Attorney General, J. Bart DeLone, Harrisburg, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.


OPINION

Justice TODD.

In this direct appeal from the Commonwealth Court, we consider whether "canned" computer software1 constitutes "tangible personal property," such that the purchase of such software is subject to sales tax under the Tax Reform Code, 72 P.S. § 7201 et seq. (the "Code").2 For the reasons that follow, we conclude that canned computer software is tangible personal property...

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