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DEPT. OF REV. v. STATE CONTRACTING & STONE CO.

559 S.W.2d 166 (1977)

DEPARTMENT OF REVENUE, Commonwealth of Kentucky, Appellant, v. STATE CONTRACTING AND STONE COMPANY, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Granted November 14, 1977.

Attorney(s) appearing for the Case

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

Clarence Bartlett, Bartlett, McCarroll & Nunley, Owensboro, for appellee.

Before COOPER, LESTER and WHITE, JJ.

COOPER, Judge.

This is an appeal from a judgment of the Ohio Circuit Court overruling an order of the Kentucky Board of Tax Appeals which affirmed a ruling of the Kentucky Department of Revenue assessing additional sales and use taxes against the appellee, State Contracting and Stone Company, Inc., in the amount of $8,688.86, excluding interest, for the audit period of January 1, 1970, through December 31, 1973.

There are three (3) items in controversy as...

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