Commonwealth v. Rohm and Haas Co.

Opinion by

President Judge Bowman,

These consolidated appeals on stipulated facts present the novel question of whether a corporate taxpayer which elected under 26 U.S.C.A. §33 of the Internal Revenue Code of 1954 1 to take foreign taxes withheld or paid as a credit against federal income tax liability rather than as a deduction from gross income, may subsequently take such foreign taxes as a deduction for purposes of computing tax liability under the Corporate Net Income Tax Act (Act), Act of May 16, 1935, P.L. 208, as amended, 72 P.S. §3420a et seq. 2

Westinghouse Electric Corporation and Rohm…