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DEPARTMENT OF REVENUE v. TO YOUR DOOR PIZZA

670 S.W.2d 482 (1983)

DEPARTMENT OF REVENUE, COMMONWEALTH OF KENTUCKY, Appellant, v. TO YOUR DOOR PIZZA, INC., Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing January 27, 1984.

Discretionary Review Denied June 27, 1984.

Attorney(s) appearing for the Case

John A. Miller, Frankfort, for appellant.

John C. Ryan, Frankfort, for appellee.

Before HOWERTON, REYNOLDS and WHITE, JJ.

HOWERTON, Judge.

The Commonwealth appeals from an order of the Franklin Circuit Court reversing an order of the Kentucky Board of Tax Appeals which determined that a cooked and sold or delivered pizza constituted a "meal ready for immediate human consumption," as the word "meal" is used in KRS 139.485(3)(h). The Commonwealth argues that the finding by the Board of Tax Appeals may not be reversed if it is supported by substantial evidence. To Your Door Pizza, Inc....

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