Allentown Wholesale Grocery Co. v. Commonwealth

Opinion by

Judge Mencer,

Allentown Wholesale Grocery Company (Allentown) is a Pennsylvania corporation engaged in the business of wholesale food distribution. Allentown timely filed its capital stock and corporate net income tax reports for its fiscal year which commenced December 29, 1968 and ended December 27, 1969. In its reports Allentown calculated its capital stock tax at the rate of six mills and its corporate net income tax at *428the rate of seven per centum. In settlement of these taxes the Department of Revenue, with approval of the Auditor General, considered Allentown to be on a…