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Publication Date: 2021-12-20
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1469
Petitioner taxpayers sought review of board's assessment of personal income tax for taxpayers' net gains owed on the like-kind of exchanges of real property during the 2013 and 2014 tax years and court affirmed the assessment based on an analysis of the Tax Reform Code and PIT regulations. Affirmed.
Publication Date: 2021-12-06
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1408
Concert tickets given as gaming comps could be excluded from taxable gaming revenue as tickets were not non-excludable "services" given the tangible nature of the tickets and the fact that tickets merely conferred the right to view an artistic expression given by a performer. Order of the commonwealth court affirmed.
Publication Date: 2021-11-22
Practice Area: Tax
Industry: E-Commerce | State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1363
Defendants moved to dismiss plaintiff's putative class action over the collection of sales tax on face masks during the COVID-19 pandemic and court found the Pennsylvania Unfair Trade Practices and Consumer Protection Law did not apply and plaintiff's claims under the Pennsylvania Fair Credit Extension Uniformity Act and for unjust enrichment, fraud, and conversion also failed. Motion granted.
Publication Date: 2021-11-22
Practice Area: Tax
Industry: Cargo and Shipping | Federal Government | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1368
Government moved to reduce defendant's tax penalties to judgment, to provide a judicial determination that the U.S. had valid tax liens and to order the foreclosure of those liens and a judicial sale and court found government was entitled to reduce its assessments to judgment because defendant failed to raise any genuine dispute of material fact and it ordered the foreclosure of the tax liens and the sale of the property but granted a temporary postponement of the sale. Motion granted.
Publication Date: 2021-11-22
Practice Area: Tax
Industry: Non-Profit | Real Estate
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1358
State court lacked jurisdiction to hear legal challenge to a notice of federal tax lien, as state courts could not strike federal liens. Order of the trial court affirmed in part, case remanded to correct filings.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2021-11-15
Practice Area: Tax
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1224
All gross receipts that petitioners received for their for-profit daycare center, including monies received through the Pennsylvania Pre-K Counts Program, were appropriately included as gross or whole volume of business and were, therefore, taxable under Allentown City's taxation code. The court denied petitioners' appeal.
Publication Date: 2021-11-01
Practice Area: Tax
Industry: Construction
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1269
Court correctly determined that materials used to support a traffic signal device constituted "building machinery and equipment" exempt from use tax based on commonly accepted methods of statutory construction to define the terms "traffic signal" and "signal." Commonwealth's exceptions overruled.
Publication Date: 2021-11-01
Practice Area: Tax
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Bateman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1076
The court held that, considering the many prior notices of a tax sale to occur in 2017, it was not reasonable for appellants to believe that the sale would occur in 2018. Court sought affirmance of its finding in defendant's favor.
Publication Date: 2021-10-11
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordaro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-11034
The court of common pleas granted a property owner's exception to a tax upset sale where the Fayette County Tax Claim Bureau failed to satisfy the statutory requirement to provide owner with proper notice or make reasonable efforts to discover his correct address before exposing his property to sale. The court recommended affirmance.
Publication Date: 2021-10-11
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: 21-1038
The court overruled plaintiffs' exceptions and objections to the upset tax sale of the real property, finding plaintiffs did not have standing and that the tax claim bureau's notices were sufficient. Trial court sought affirmance of its decision.
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