CLAY COUNTY v. LESLIE COUNTY


531 S.W.2d 524 (1975)

CLAY COUNTY, Kentucky, and Fiscal Court of Clay County, Kentucky, et al., Appellants, v. LESLIE COUNTY, Kentucky, and Fiscal Court of Leslie County, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

December 12, 1975.


Attorney(s) appearing for the Case

John D. White, Manchester, for appellants.

Robert C. Muncy, Hyden, William S. Riley, Asst. Atty. Gen., Thomas A. Duke, Dept. of Revenue, Frankfort, for appellees.


CULLEN, Commissioner.

By KRS 143.020, enacted in 1972, Kentucky levies a "severance tax," relating to coal, "on every taxpayer measured by the coal severed." The tax is at the rate of four percent of the gross value of the coal severed but not less than thirty cents per ton. By KRS 143.010, "severance" is defined to mean "the physical removal of coal from the earth," and "taxpayer" is defined to mean any person "engaged in severing coal."

Provision is made...

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