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DOWNS RACING, L.P. v. COMMONWEALTH

No. 802 F.R. 2016.

288 A.3d 542 (2022)

DOWNS RACING, L.P., Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 19, 2022.

Attorney(s) appearing for the Case

Mark S. Stewart , Harrisburg, for Petitioner.

R. Todd Faciana , Senior Deputy Attorney General, Harrisburg, for Respondent.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge, HONORABLE STACY WALLACE, Judge.

At issue in this case is whether and to what extent Momentum Dollars, also known as Players' Club Points (PC Points), may be excluded from a casino's gross income under the Pennsylvania Race Horse Development and Gaming Act (Gaming Act).5 Because we agree with the Board of Finance and...

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