PA Supreme Court Denies Reconsideration of Decision Addressing Construction Contracts with Non-Exempt Entities

McNees Wallace & Nurick LLC
Contact

As reported in the February 2012 edition of PA Tax Law News, the Pennsylvania Supreme Court reversed the Commonwealth Court’s 2009 decisions in Northeastern Pennsylvania Imaging Center v. Commonwealth and Medical Associates of the Lehigh Valley, P.C. v. Commonwealth, which had held that MRIs and other medical scanning systems installed in the taxpayers’ imaging centers became part of the “real estate,” so that the taxpayers were entitled to a refund of sales tax paid on their purchase and lease of installed scanning systems. The Supreme Court held that the scanning systems retained their identity as tangible personal property after installation under the test enunciated by the Court in Commonwealth v. Beck Electric Construction, Inc., 403 A.2d 553 (Pa. 1979). See Northeastern Pennsylvania Imaging Center v. Commonwealth, 35 A.3d 752 (Pa. 2011). The Beck test involves a determination as to whether property is “easily” removable without damage to itself or to the surrounding real estate.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McNees Wallace & Nurick LLC | Attorney Advertising

Written by:

McNees Wallace & Nurick LLC
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

McNees Wallace & Nurick LLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide