KENTUCKY POWER CO. v. REVENUE CABINET


705 S.W.2d 904 (1985)

KENTUCKY POWER COMPANY, Appellant, v. REVENUE CABINET, Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 10, 1986.


Attorney(s) appearing for the Case

Bruce F. Clark and Judith A. Villines, Stites & Harbison, Frankfort, for appellant.

John A. Miller and Gary N. Brown, Legal Services Section Revenue Cabinet Frankfort, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed and remanded a Franklin Circuit Court order which had reversed a Board of Tax Appeals order which held that Kentucky Power Company's right to dispose of property owned by its sister corporation, Franklin Real Estate Company, was intangible property subject to tax under KRS 132.020(1).

The principle issue is whether both corporate taxpayers are liable for taxes when...

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