Marshall v. Commonwealth

DISSENTING OPINION BY

Judge McCullough.

This case is one of first impression and presents important issues concerning the consequences of a substantial write-off of nonrecourse financing under the Pennsylvania personal income tax (PIT) provisions of the Tax Reform Code of 1971 (Code), Act of March 4, 1971, P.L. 6, as amended, 72 P.S. §§ 7301-7361, or as constitutional issues of equal protection and uniformity vis-a-vis resident and non-resident taxpayers. While the Majority expended considerable effort in interpreting the tax implications of this case, I must dissent. I do not agree that the…