Philadelphia Saving Fund Society v. Commonwealth

*290Dissenting Opinion by

Judge Doyle :

I respectfully dissent. I believe our decisions in Commonwealth v. Commonwealth Federal Savings and Loan Association of Norristown, 29 Pa. Commonwealth Ct. 222, 370 A.2d 409 (1977) and First Federal Savings and Loan Association of Hazleton v. Commonwealth, 25 Pa. Commonwealth Ct. 359, 360 A.2d 773 (1976), which held that taxation under the Mutual Thrift Institutions Tax Act1 (MTIT Act) constitutes a franchise or excise tax on the privilege of doing business in the Commonwealth, are in error.

The nature of a tax is to be determined by its substance and not by…