46 Pa. Commw. 577 | Pa. Commw. Ct. | 1979
Opinion by
This is an appeal from an order of the Board of Finance and Revenue which denied appellant taxpayer’s petition for refund as being “res judicata and because it fails to comply with the provisions of Section 503(a) of the Fiscal Code of 1929.”
It is before us de novo but on stipulated facts which we hereby adopt and which stipulation discloses the following relevant factual and procedural matrix. The capital stock tax of petitioner, Broomall Terrace, Inc., for the tax year ending December 31, 1973 was originally settled as returned at a nominal valuation of $1,000.00 producing a tax liability of $10.00, which was paid. However, the taxing authorities thereafter timely resettled the tax liability on a valuation of $500,-000.00 producing a tax liability of $5,000.00 less the tax
Being of the opinion that the Board properly refused to hear the petition for refund on the substantive issues raised we will affirm the Board. Within the framework of our statutory law applicable to State taxation, the powers and duties of the taxing author
Order
Now, October 23, 1979, the action of the Board of Finance and Revenue in denying the petition for refund of Broomall Terrace, Inc. because of the finality of prior petition for review proceedings before the Board by the same taxpayer for the same tax and same tax year raising the identical tax issues is hereby affirmed.
See Memorandum Opinion and Order filed January 18, 1979.
Act of April 9, 1929, P.L. 343, as amended, 72 P.S. §§503, 1103.