COMMONWEALTH v. SMITH


353 S.W.2d 557 (1962)

COMMONWEALTH of Kentucky, by and on Relation of William E. SCENT, Commissioner of Revenue, Appellant, v. L. C. SMITH et al., Appellees.

Court of Appeals of Kentucky.

February 2, 1962.


Attorney(s) appearing for the Case

William S. Riley, Hunter B. Whitesell, Virginia R. Collins, Frankfort, James H. Amberg, Hickman, for appellant.

W. C. Tipton, Hickman, James H. Warren, Fulton, Robert D. Fry, Union City, Tenn., for appellee.


CULLEN, Commissioner.

In an action by the Commonwealth of Kentucky on relation of the Commissioner of Revenue, against L. C. Smith and others, to enforce a lien for inheritance taxes, judgment was entered dismissing the action on the ground that the inheritance tax law is unconstitutional. The Commonwealth has appealed.

The ground upon which the law was held unconstitutional was that the law does not "specify distinctly the purpose for which said tax is levied...

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