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Publication Date: 2023-12-18
Practice Area: Tax
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20 EAP 2022
Because state and local taxes could not be aggregated for purposes of a dormant Commerce Clause analysis, Philadelphia's tax scheme was constitutional where it afforded a credit for local taxes paid by resident who worked in another state, as the city was not obligated to also credit state income taxes paid to the other state. Order of the commonwealth court affirmed.
Publication Date: 2023-11-13
Practice Area: Tax
Industry: Federal Government | Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 20-211
Both parties sought adjustments to portions of the presentence investigation reports after defendants pled guilty to conspiracy to defraud the United States and court found it defied belief for one defendant to assert he lacked the mental capacity to understand the systemic and substantial underreporting of payroll taxes and diversion of funds, agreed with probation officer's calculation of the payroll and income tax losses and found the estimate of loss was realistic. Motion granted and denied.
Publication Date: 2023-11-06
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 39 C.D. 2021
Common pleas erred in upholding the imposition of inheritance tax on trust assets and court found donors "owned" the trust assets with right of survivorship and when husband died, wife succeeded to his interest in the assets and trust was not subject to tax before wife died. Reversed.
Publication Date: 2023-11-06
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Fayette County
Judge: Judge Leskinen
Attorneys: For plaintiff:
for defendant:
Case Number: 2174 of 2022 G.D.
Petitioners filed a petition for exceptions to disapprove, set aside, or void tax sale. The court granted the petition where a county's tax claim bureau failed to send a follow-on written notice of an impending tax sale to a spouse property owner after the bureau's initial notices to both spouses were returned under the signature of the other spouse.
Publication Date: 2023-10-23
Practice Area: Tax
Industry: Construction
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 00999
Appellant filed a petition seeking retroactive abatement of municipal real estate taxes that had been assessed without appeal for tax year 2017 for a multi-family dwelling structure. The court affirmed the City of Philadelphia Board of Revision of Taxes' denial of appellant's appeal, finding that appellant's delay in filing a tax abatement application was not excusable.
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Publication Date: 2023-10-23
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 92 C.D. 2022
Limited implementation of monetary threshold to identify properties for assessment appeals was too arbitrary and capricious to be constitutional. Order of the trial court reversed.
Publication Date: 2023-10-23
Practice Area: Tax
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD23-438
Defendant appealed the court's entry of judgment against him for delinquent property taxes. The court concluded that its entry of judgment was correct where defendant failed to demonstrate that he was not personally served with the writ of scire facias required by the Municipal Claims and Tax Liens Act.
Publication Date: 2023-10-23
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 889 C.D. 2022
Trial court correctly denied petition to set aside private tax sale as there was sufficient record evidence to show property owner received notice of the sale and there was no requirement for the notice to be provided in languages other than English. Order of the trial court affirmed.
Publication Date: 2023-10-23
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 195 C.D. 2021
Trial court properly quashed school district's tax assessment appeals because district's stated tax assessment appeal policy may have been facially neutral, but its haphazard implementation of the policy was not neutral and created systematic and disparate treatment of taxpayers. Affirmed.
Publication Date: 2023-10-16
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 650 C.D. 2020
Trial court had jurisdiction to issue the order consolidating the 2017 and 2018 dockets concerning an upset tax sale and to strike property owner's praecipe for discontinuance and withdrawal of objections at the 2017 docket but erred in granting successful bidder's motion to intervene. Affirmed in part and reversed in part.
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