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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.
Publication Date: 2023-09-18
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 666 C.D. 2022
Trial court erred in upholding the validity of an upset tax sale because bureau erred in relying on a certified mail return receipt with a printed name and a "Covid 19 RT 41" notation on it as evidence of proof of notice of the sale. Reversed.
Publication Date: 2023-09-18
Practice Area: Tax
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 724 CD 2023
Residential property owners appealed the court's order denying their petition to appeal nunc pro tunc a final disposition by respondent county Board of Property Assessment, Appeals, and Review. The court held that it did not err by refusing to lower the Common Level Ratio for petitioners' home and order repayment of purported property tax overpayments.
Publication Date: 2023-09-11
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1863 C.D. 2019
Trial court erred in ruling on petition to strike sheriff's sale decree when petitioner had failed to join the third-party purchaser of the property to the action. Order of the trial court vacated and remanded, city's application to strike granted.
Publication Date: 2023-08-21
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2052
Petitioner challenged defendant's public sale of a real estate parcel for unpaid taxes, contending the sale was invalid for lack of compliance with the notice provisions of the Real Estate Tax Sale Law. The court overruled petitioner's exceptions and objections and validated the sale.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-08-14
Practice Area: Tax
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 20 CV 3592
Real property owners overcame the presumption of uniform tax assessment validity by proffering sufficient evidence that a county assessed their property at a substantially higher ratio of its fair market value than comparable properties in like neighborhoods. The court ordered a reduction in the taxpayers' assessment.
Publication Date: 2023-08-14
Practice Area: Tax
Industry: Federal Government | Manufacturing | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff: Clint Carpenter, Arthur T. Catterall, United States Department of Justice Tax Division, Washington, DC; Emily J. Giometti, Cincinnati, OH; Lisa M. Rodriguez, Office of District Council, Internal Revenue Service, Newark, NJ; Mary H. Weber, Internal Revenue Service Office of Chief Counsel, Cincinnati, OH for appellant.
for defendant: Gregory G. Garre, Eric Konopka, Latham & Watkins, Washington, DC; Bryan M. Killian, William F. Nelson, James G. Steele, III, Morgan Lewis & Bockius, Washington, DC for appellee.
Case Number: 22-1193
Legal expenses incurred by generic drug manufacturers to defend against patent infringement lawsuits were tax-deductible where they were ordinary and necessary business expenses as patent litigation was separate from the FDA approval process for ANDAs.
Publication Date: 2023-07-10
Practice Area: Tax
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD22-12556
Defendant county board of property assessment, appeals and review appealed the court's order granting plaintiffs' motion for judgment on the pleadings and directing it to apply a particular common level ratio in the plaintiffs' 2022 real estate tax assessment appeal. The court concluded its order should be affirmed.
Publication Date: 2023-06-19
Practice Area: Tax
Industry: Entertainment and Leisure | Hospitality and Lodging
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 942 C.D. 2021
Convention authority lacked standing to join taxpayer's appeal challenging the imposition of hotel room taxes on complimentary rooms, as authority's right and interest to tax revenues was not essential to the merits of the case. County's motion to quash appeal denied, order of the trial court reversed, case remanded.
Publication Date: 2023-05-08
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 821 C.D. 2021
Trial court did not abuse its discretion in holding that 72 P.S. §5860-603 required the tax bureau to offer owner a payment plan for delinquent taxes in a case setting aside a tax sale. Affirmed.
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