TRANSP. CABINET v. TONY BREWER TRUCKING


734 S.W.2d 486 (1987)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, Appellant, v. TONY BREWER TRUCKING, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 26, 1987.


Attorney(s) appearing for the Case

David W. McLellan, Jr., Transp. Cabinet, Frankfort, for appellant.

Christopher M. Hill, Frankfort, for appellee.

Before COOPER, HOWARD and MILLER, JJ.


HOWARD, Judge.

This is an appeal from an order of Wolfe Circuit Court reversing an order of the Board of Tax Appeals which affirmed a final ruling of appellant, Transportation Cabinet [Cabinet], that appellee, Tony Brewer Trucking, Inc., was not entitled, as a matter of law, to a credit for tax paid at the pump on fuels consumed in its off-highway operations.

Tony Brewer Trucking, Inc. is engaged in the business of hauling coal. Appellee contends that a substantial...

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