Eastman Kodak Co. v. Commonwealth

Opinion by

Judge Mencer,

The sole legal, issue in this appeal is the same as discussed and resolved by this Court in Allentown Wholesale Grocery Company v. Commonwealth of Pennsylvania, 5 Pa. Commonwealth Ct. 426, A. 2d (1972), which we file this day. This appeal is controlled by that decision. We there decided that a 52-53-week accounting period constituted a fiscal year, basis of accounting and not a calendar year basis of accounting. The consequence of such a holding was to free the tax*436payer from paying a higher rate of tax which was imposed effective January 1 of a given year when the…