Philadelphia Life Insurance v. Commonwealth

Opinion by

Me. Justice Benjamin E. Jones,

The basic issue on this appeal1 is the jurisdiction of a court of equity: (a) to restrain officials of the Commonwealth from the enforcement of an allegedly invalid tax statute; (b) to determine the constitutionality or unconstitutionality of a tax statute; (c) to act where a statutory remedy is provided for the settlement of the taxes imposed by the statute.

The Act of February 21, 1961, P. L. 33, 72 PS §2270.1, imposes a state tax at the rate of two per *573centum on gross premiums, premium deposits and assessments received from all insurance business…