Commonwealth v. Sherwin Equipment, Inc.

LIPSITT, J.,

This proceeding is an appeal by Sherwin Equipment, Inc. (hereinafter referred to as “appellant”) from an order by the Board of Finance and Revenue of the Commonwealth of Pennsylvania sustaining a tax settlement by the Department of Revenue. The case was tried before this court on stipulated facts, trial by jury having been waived pursuant to the Act of April 22, 1874, P. L. 109, sec. 1, 12 PS §688.

Appellant is a Pennsylvania corporation with its principal office at New Castle, Pa. On February 15, 1960, it entered into an arrangement entitled “Joint Venture Agreement” with Mesaba…