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ROSS v. ALE-8-ONE BOTTLING CO.

536 S.W.2d 465 (1976)

John McD. ROSS, Commissioner of Revenue and Department of Revenue, Commissioner of Kentucky, Appellants, v. ALE-8-ONE BOTTLING COMPANY and Kentucky Board of Tax Appeals, Appellees.

Supreme Court of Kentucky.

April 16, 1976.

Attorney(s) appearing for the Case

William S. Riley, William P. Sturm, Legal Staff, Dept. of Revenue, Frankfort, for appellants.

Joseph E. Stopher, Jefferson K. Streepey, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellees.

LUKOWSKY, Justice.

This is an appeal from a judgment of the Franklin Circuit Court which affirmed an order of the Kentucky Board of Tax Appeals.

The appellant taxing authorities levied a deficiency use tax assessment against the appellee, Ale-8-One Bottling Company, on the basis that the six-bottle cardboard cartons used by Ale 8 to market the vast majority of its beverages were "returnable containers" not sold...

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