Legal Opinion · Dissent

McNeil Tax Assessment Case

Superior Court of Pennsylvania

Decided November 14, 1968No. Appeals, Nos. 149 and 150Published

1Dissent

Dissenting Opinion by

Montgomery, J.:

From the joint research of the attorneys and the court, no precedent can be found for the application of the blockage rule in evaluating securities for personal property tax purposes. To me the reason is obvious. To do so would mean that factors not present, and therefore irrelevant, must be considered in making the evaluation. Those factors determine the effect the projected sale of the securities held by any one taxpayer might have on their value. Such effect might be depressionary or inflationary, depending on still other factors, viz., the manner of…

2Cases cited4 opinions

  1. Commonwealth v. Union Trust Co.Supreme Court of Pennsylvania · 1912
  2. Commonwealth v. Butler County National BankSupreme Court of Pennsylvania · 1954
  3. Com. v. BUTLER COUNTY NAT. BK.Supreme Court of Pennsylvania · 1954
  4. Commonwealth v. Mellon National Bank & Trust Co.Supreme Court of Pennsylvania · 1966

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