DEPT. OF REVENUE, ETC. v. PULLMAN, INC., ETC.


560 S.W.2d 18 (1977)

DEPARTMENT OF REVENUE ex rel. Maurice P. CARPENTER, Commissioner of Revenue, Appellant, v. PULLMAN, INC. (TRAILMOBILE DIVISION), Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 13, 1978.


Attorney(s) appearing for the Case

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

William P. Curlin, Jr., Hazelrigg & Cox, Frankfort, for appellee.

Before HAYES, HOGGE and LESTER, JJ.


LESTER, Judge.

The Department of Revenue appeals from a reversal of a favorable ruling of the Board of Tax Appeals concerning the subjection of a semitrailer retailer to the sales tax.

Appellee is in the business of selling new and used (trade-ins) non-motorized trailers that are pulled by tractors for the transportation of goods and property both within and without the Commonwealth. Appellant made a deficiency assessment against Pullman based upon gross receipts...

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