Fizzano Bros. v. Commonwealth

PELLEGRINI, Judge.

Fizzano Brothers, Inc. (Taxpayer) challenges the order of the Board of Finance and Review affirming the Department of Revenue’s (Department) determination that certain assets of Taxpayer were not exempt from capital stock taxation.1

The parties stipulated to the following relevant facts. Taxpayer is a Pennsylvania corporation engaged in the business of manufacturing concrete products.2 Taxpayer is entitled to an exemption from the capital stock tax for assets used exclusively for the purpose of manufacturing. To calculate the tax due *482for the 1988 fiscal year, Taxpayer used…