Ross-Araco, Corp. v. Commonwealth

DELLA PORTA, Senior Judge.

Ross-Araco Corp. (Taxpayer) petitions for review of the decision of the Board of Finance and Review (Board) which refused to classify Taxpayer’s gain from the sale of a tract of land as “nonbusiness income” under Section 401(3)2.(a)(l)(D) of the Tax Reform Code of 1971 (Code), 1 for the purpose of calculating Taxpayer’s corporate net income tax for the fiscal year ending' November 30, 1988.

An appeal to this Court from the Board’s decision is a. de novo proceeding. Doyle Equipment Co. v. Commonwealth, 117 Pa.Commonwealth Ct. 38, 542 A.2d 644 (1988). The record,…