Eastern Auto Car Wash, Inc. v. Commonwealth
Eastern Auto Car Wash, Inc. v. Commonwealth
Opinion of the Court
Opinion by
Tbe appellant, Eastern Auto Car Wash, Inc. (Eastern), is tbe owner and operator of two self-service, coin-operated car washes. Both of these operations are unattended but are visited by Eastern’s employees at vari
In 1967 Eastern’s operations were audited by the Bureau of Taxes for Education, for the period from January 5 to October 31, 1965, and this audit resulted in an additional assessment of sales taxes against Eastern in the amount of $764.22, plus interest, pursuant to the Tax Act of 1963 for Education.
The essential question at issue is whether or not the provision of Eastern’s self-service car washes for the use of their customers constitutes a “sale at retail” for sales tax purposes.
Section 261(a) of the Tax Act of 1963 for Education, 72 P.S. §3463-261 (a), imposed a tax
If Section 2(j) (4), which refers to the cleaning of tangible personal property, is applied, as the Board sought to do, it is clear that the decision of our Supreme Court in Commonwealth v. Morris Half Hour Laundromat, 442 Pa. 543, 277 A. 2d 148 (1971) would govern. The Court there held that the operation of a self-service coin-operated laundromat, which is an operation very similar to that of the self-service coin-operated car wash here considered, was subject to the Tax Act of 1963 for Education. It held that the term “service” is not restricted to manual service, but that service may be rendered through machines as well as personally.
If Section 2(j) (3) (i) which applies to cleaning motor vehicles should be held to be the properly applicable section, however, the reasoning of the Court in Morris, supra, would still appear to be conclusive, for the Court there did not base its decision solely on the special language of Section 2(j) (4), but said, “However, given the prevalence of today’s machine technology, it is doubtful that the present ordinary meaning of the term ‘service’ is restricted to manual service, and in light of the com
One other question concerns Eastern’s method of reporting its taxes during the audit period involved. Eastern reported the tax on its gross car wash sales, while the Board of Finance and Revenue held that the tax should be imposed upon each separate sale. While this point was at issue throughout the case, it was not mentioned by Eastern in its brief before this Court and we will not, therefore, discuss it in detail. We would note, however, that it has been settled by the Supreme Court in Morris, supra, which held that the tax should be imposed on each separate sale.
Conclusions of Law
1. At the time in question, Section 201(a) of the Tax Act of 1963 for Education, 72 P.S. §3403-201 (a), imposed a tax of five (5) percent on each separate sale at retail as defined in the Act.
2. Pursuant to the definition in both Sections 2(j) (3) (i) and 2(j) (4) of the Tax Act of 1963 for Education, 72 P.S. §3403-2(j) (3) (i) and 3403-2(j) (4), the car wash operations of Eastern constitute separate sales at retail.
3. The Commonwealth correctly assessed the sales tax of Eastern for the period January 5, 1965 to October 31, 1965.
Order
Now, September 20,1973, the order of November 19, 1968, of the Board of Finance and Revenue is affirmed and judgment is entered in favor of the Commonwealth and against Eastern Auto Car Wash, Inc. in the amount of $764.22, together with any interest allowed by law and with a credit allowed to the said company for such amount, if any, as it has paid on such obligation, unless exceptions be filed hereto within thirty (30) days. The Prothonotary is directed to notify forthwith the parties hereto or their counsel of this decree.
Act of March 6, 1956, P. L. (1955) 1228, as amended, 72 P.S. §3403-1 et seq. Repealed by the Act of March 4, 1971, P. L. 6, §280.
At the time in question, the tax imposed was at the rate of five (5) percent.
Reference
- Full Case Name
- Eastern Auto Car Wash, Inc. v. Commonwealth of Pennsylvania, Board of Finance and Revenue
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- 3 cases
- Status
- Published