Case challenging North Hills School District's business privilege tax moved to federal court

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A computer firm is challenging the authority of the North Hills School District to levy a business privilege tax in a case removed to U.S. District Court today.

North Hills Computer Associates, based in Ross, removed to federal court a case filed against it by the state before District Judge Richard G. Opiela. The case charged the company with failing to pay the business privilege tax and mercantile tax.

Company incorporator Roman Tymiak, who filed the 46-page notice removing the case to federal court, said the school district has been trying to compel the business to register, so it can be taxed for the “privilege” of operating, for a decade. He has resisted.

“They’re asking for registration, which is submission to their jurisdiction, and I am challenging that,” he said. He said he’s “challenging the power of the state to tax a privilege.”

District finance director David Hall said any challenge to the tax on 0.15 percent of gross business receipts should be first filed under the state Local Taxpayer Bill of Rights, from which it can be appealed to the Court of Common Pleas. He said that Mr. Tymiak hasn't taken that step.


Rich Lord: rlord@post-gazette.com, 412-263-1542 or on Twitter @richelord. First Published February 18, 2014 12:12 PM

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