Eat'n Park Restaurants Business Trust v. Commonwealth

OPINION BY

Senior Judge FLAHERTY.

Eat ’n Park Restaurants Business Trust (Petitioner) petitions for review of an order of the Board of Finance and Revenue (Board) subjecting Petitioner to capital stock and franchise (capital stock) tax for the 1995 tax year. We reverse.

Based on a Stipulation of Facts entered into by the parties and the briefs of both parties, the following facts became evident: Currently, Petitioner is organized as a business trust and maintains its accounting records on a 52-53 week basis. The 52-53 week period at issue in this case began on December 27, 1994 and ended on…