Legal Opinion

Clement & Muller, Inc. v. Tax Review Board of Philadelphia

Commonwealth Court of Pennsylvania

Decided May 11, 1995PublishedCited by 10 opinions

1Opinion of the Court

COLINS, President Judge.

The City of Philadelphia (City) appeals from the June 15, 1994 decision of the Court of Common Pleas of Philadelphia County, which concluded that the City may not collect its business privilege tax1 from beer distributors doing business within its jurisdiction because comprehensive regulation of the liquor industry evidences the legislature’s intent to preempt all local taxation. We reverse.

Clement & Muller, Inc. and Garabet, Ltd. (Taxpayers) are beer distributors in the City. The Taxpayers filed petitions for refund appeals and petitions for review and waiver of…

2Cases cited7 opinions

  1. Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
  2. United Tavern Owners v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1971
  3. Commonwealth v. Wilsbach Distributors, Inc.Supreme Court of Pennsylvania · 1986
  4. Philadelphia v. Southeastern Pennsylvania Transportation AuthorityCommonwealth Court of Pennsylvania · 1973
  5. City of Wilkes-Barre v. EbertCommonwealth Court of Pennsylvania · 1975

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3Cited by10 opinions

  1. Nutter v. DoughertyCommonwealth Court of Pennsylvania · 2007
  2. Licensed Beverage Ass'n of Philadelphia v. Board of Education of the School DistrictCommonwealth Court of Pennsylvania · 1995
  3. ARIPPA v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2009
  4. Barber v. Tax Review BoardCommonwealth Court of Pennsylvania · 2004
  5. City of Philadelphia v. Tax Review BoardCommonwealth Court of Pennsylvania · 1998

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