Tygart Resources, Inc. v. Commonwealth

PALLADINO, Judge.

Tygart Resources, Inc. (Taxpayer) appeals an order of the Board of Finance and Revenue (Board) which affirmed a decision of the Department of Revenue (Department) denying Taxpayer’s election to be taxed as a Pennsylvania S Corporation (S Corp.). We affirm.

Taxpayer and Department submitted to this court stipulations of fact pursuant to Pa. R.A.P. 1571 1 which we adopt. The pertinent findings of fact follow. Taxpayer filed an election to be taxed as an S Corp. which would allow the shareholders of the corporation to be taxed subject to the Pennsylvania Personal Income Tax 2 and…