MALCO, INC. v. COM., DEPT. OF REVENUE


568 S.W.2d 755 (1978)

MALCO, INC., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kentucky.

June 30, 1978.


Attorney(s) appearing for the Case

Robert S. Miller, Miller, Griffin & Marks, Lexington, for appellant.

William S. Riley, Asst. Atty. Gen., Frankfort, John N. Hughes, Legal Staff, Dept. of Revenue, Frankfort, for appellee.

Before GANT, HOGGE and WINTERSHEIMER, JJ.


HOGGE, Judge.

This appeal involves the interpretation of KRS 136.070, which imposes a license tax on corporations based on the amount of capital employed in the business. Section two of the statute defines capital as including monies "borrowed for purposes other than current operating expenses and used in lieu of or in addition to invested capital . . ." The appellee, the Department of Revenue, issued assessments against the appellant, Malco, Inc., for additional...

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