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ALL STAFFING, INC. v. COM.

No. 325 F.R. 2006.

10 A.3d 389 (2010)

ALL STAFFING, INC., Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 2, 2010.

Attorney(s) appearing for the Case

Paul J. Winterhalter , Philadelphia, for petitioner.

Clinton G. Smith, Jr. , Sr. Deputy Attorney General, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge McCULLOUGH.

The Commonwealth of Pennsylvania has filed exceptions to this court's panel opinion and order, which reversed the April 28, 2006, order of the Board of Finance and Revenue (Board).1 In our initial opinion we held that All Staffing, Inc. (Taxpayer) did not provide its clients with taxable "help supply services" as that term is defined by section 201(cc) of the Tax Reform Code of 1971 (Tax Code).

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