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Publication Date: 2018-07-31
Practice Area: Tax
Industry: Financial Services and Banking
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0888
Board properly denied commercial bank's petition for a refund of the sales tax it paid on computer hardware, software and services pursuant to FISE regulation, 61 Pa. Code §46.9, because statutory changes had superseded the definition of "construction contract" in subsection (c)(1) upon which taxpayer relied and the regulation had to give way to the statute. Affirmed.
Publication Date: 2018-07-31
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0894
Secretary's order correctly held that petitioner's Keystone Opportunity Zone benefits for 2013, 2014 and 2015 were subject to recapture under §902(a) and that no waiver could be granted under §902(b) but erred in denying petitioner's request for KOZ benefits for the month of January 2016. Affirmed in part and reversed in part.
Publication Date: 2018-07-17
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0802
Imposition of tobacco tax upon e-cigarette products containing nicotine derived from sources other than tobacco did not violate substantive due process where rationally related to state objectives of defraying health costs of nicotine and tobacco use and discouraging consumption of such products. Application for summary relief denied in part and granted in part.
Publication Date: 2018-07-17
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Padilla
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0727
The trial court set aside the sheriff's sale of certain property based on a tax delinquency where the sale price constituted only two percent of the only appraised value of the property offered into evidence. The court recommended affirmance of its order setting aside the sheriff's sale.
Publication Date: 2018-06-19
Practice Area: Tax
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0701
Taxpayer, who was found to owe of a $5.8 million tax deficiency on royalties earned under a technology license agreement, waived any argument based on a prospective transfer of rights to a patent by failing to present that argument before the tax court. The high court affirmed the tax court's decision.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2018-06-05
Practice Area: Government | Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0656
The trial court erred in holding that once two school districts elected to opt out of the Carbon County Tax Claim Bureau's collection services under the Real Estate Tax Sale Law, the Bureau was not authorized to act as the districts' agent for tax collection purposes and, thus, the districts' property tax claims had a fourth priority status. The court reversed and remanded.
Publication Date: 2018-05-22
Practice Area: Civil Procedure | Tax
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0613
Petitioner's exceptions were overruled in his appeal of the denial of his petition as untimely filed because, despite having been advised of his appeal rights by October 22, 2009 at the latest, petitioner waited one and one-half years before filing his petition and he provided no explanation for the delay other than an alleged non-receipt of the notice, which was belied by the undisputed facts. Exceptions overruled.
Publication Date: 2018-05-22
Practice Area: Civil Procedure | Tax
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0588
The Lackawanna Tax Claim Bureau failed to identify any legitimate statutory authority for securing an in personam judgment against the petitioner landowner for his property tax delinquency. The court clarified the judgement against petitioner to confirm an in rem judgment.
Publication Date: 2018-05-01
Practice Area: Civil Procedure | Tax
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0469
The statute of limitations barred an attempt to set aside a judicial tax sale. The court vacated an order setting aside the sale.
Publication Date: 2018-04-24
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0481
Trial court erred in allocating the local services taxes, from an integrated facility that straddled two townships, based on where within the building the employees worked because that interpretation added language to the statute and the correct allocation was based on boundary lines and the percentage of the property within a particular township. Reversed.
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