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KENTUCKY TAX COM'N v. AMERICAN REFRIGERATOR TR. CO.

294 S.W.2d 554 (1956)

KENTUCKY TAX COMMISSION, etc., et al., Appellants, v. AMERICAN REFRIGERATOR TRANSIT COMPANY, Appellee.

Court of Appeals of Kentucky.

October 12, 1956.

Attorney(s) appearing for the Case

William S. Riley, Frankfort, for appellants.

James W. Stites, Louisville, for appellee.

MILLIKEN, Chief Justice.

The principal question in this case is whether Kentucky may levy an income tax on a foreign corporation, admittedly doing no business within the state, but whose refrigerator cars traverse the state in interstate commerce on the lines of connecting carriers of several western railroads which have leased the cars. The foreign corporation receives a specified rate per mile for the use of its cars, and the state has attempted to levy an income...

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