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SENEX EXPLOSIVES, INC. v. COM.

No. 703 F.R. 2007.

67 A.3d 1268 (2013)

SENEX EXPLOSIVES, INC., Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 22, 2013.

Attorney(s) appearing for the Case

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

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

BEFORE: PELLEGRINI, President Judge, LEADBETTER, Judge, JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge, McCULLOUGH, Judge, and COVEY, Judge.

OPINION BY Judge SIMPSON.

Pursuant to Pennsylvania Rule of Appellate Procedure 1571(i), both the Commonwealth of Pennsylvania Board of Finance and Revenue (Commonwealth), and Petitioner Senex Explosives, Inc. (Taxpayer) filed exceptions to this Court's December 19, 2012, Opinion and Order.1 In that order, we affirmed the Board of Finance and Revenue (Board) as to tax liability for fuel use under the Motor Carriers Road Tax Act (Act),

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