REVENUE CABINET v. COX

No. 86-CA-1763-MR.

738 S.W.2d 114 (1987)

REVENUE CABINET, Commonwealth of Kentucky, Appellant, v. William M. COX, Jr., Individually and as Executor of the Estate of Katherine H. Cox, Deceased, Appellee.

Court of Appeals of Kentucky.

July 17, 1987.


Attorney(s) appearing for the Case

Michael L. Henry, Legal Service Section, Frankfort, for appellant.

J.B. Johnson, Jr., Teague, Cox, Davis & Johnson, Williamsburg, for appellee.

Before DYCHE, MILLER and WEST, JJ.


MILLER, Judge.

The Revenue Cabinet appeals from a judgment of the Whitley Circuit Court holding that an inheritance tax on intangible personal property held by a co-owner or third-party beneficiary in a survivorship1 account or certificate is violative of both the United States Constitution and the Kentucky Constitution. This has the effect of rendering the Revenue Cabinet incapable of collecting such a tax under the provisions of KRS...

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