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DEPT. OF REVENUE v. KENTUCKY TEXTBOOKS, INC.

555 S.W.2d 573 (1977)

DEPARTMENT OF REVENUE, Commonwealth of Kentucky, Appellant, v. KENTUCKY TEXTBOOKS, INC. and the Kentucky Board of Tax Appeals, Appellees.

Supreme Court of Kentucky.

September 16, 1977.

Attorney(s) appearing for the Case

William S. Riley, Asst. Atty. Gen., William P. Sturm, Legal Staff, Dept. of Revenue, Frankfort, for appellant.

Edward F. Prichard, Jr., William L. Graham, Frankfort, W. Rodes Clay, Lexington, for appellee Kentucky Textbooks, Inc.

PER CURIAM.

This is an appeal by the Department of Revenue from a judgment of the Franklin Circuit Court affirming a decision of the Kentucky Board of Tax Appeals which held appellee Kentucky Textbooks, Inc. exempt from sales tax pursuant to KRS 156.450.

Section 170 of the Kentucky Constitution exempts from taxation ". . . institutions of education not used or employed for gain by any person or corporation, and...

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