In an unreported panel decision of Armstrong Township v. Lycoming County Board of Assessment Appeals and Choice FuelCorp, Inc., 140 C.D. 2022 (Pa. Cmwlth. Ct. Apr. 5, 2024), the Commonwealth Court of Pennsylvania reversed the trial court’s order that had enforced a settlement agreement between Armstrong Township (the “Township”) and Choice FuelCorp, Inc. (“Choice”).
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Longstanding Fraternal Organizations May Now Qualify For Tax Exempt Status in Pennsylvania
By Adam Koelsch on
Posted in Pennsylvania Taxes
A little known statutory change now allows for certain fraternal societies to obtain tax exempt status in Pennsylvania.
In Hospital Utilization Project v. Commonwealth, 487 A.2d 1306 (Pa. 1985) (“HUP”), the Pennsylvania Supreme Court set forth the following five-pronged test to determine whether an entity qualifies as “purely public charity” under the…
Commonwealth Court Reverses Dismissal of Appeal Based on “Mailbox Rule”
By Adam Koelsch on
Posted in Real Estate Taxes
In Mixell v. Cumberland County Board of Assessment Appeals, 313 A.3d 330 (Pa. Commw. Ct. 2024), the Commonwealth Court held that the Board of Assessment Appeals (“Board”) had failed to show proof of mailing sufficient to establish that a property owner had received hearing notices in her property tax appeal.
The property owner had…
Buyer Beware! Commonwealth Court Holds Purchaser of Restaurant Assets and Liquor License in Bulk Sale Transaction Liable for Unpaid Sales and Use Taxes Owed by Seller
By Sharon Paxton on
Posted in Sales and Use Tax
In HUF Restaurant, Inc. v. Commonwealth, Docket No. 394 F.R. 2018 (04/19/2024), a three-judge panel of the Commonwealth Court of Pennsylvania ruled that HUF Restaurant, Inc. (“HUF”), which had purchased restaurant assets and a liquor license from Zola New World Bistro, Ltd. (“Zola”) in a bulk sale transaction, was liable for unpaid sales and use…