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PACE MEMBERSHIP v. REVENUE CABINET

No. 90-CA-871-MR.

808 S.W.2d 353 (1991)

PACE MEMBERSHIP WAREHOUSE, INC., Appellant, v. REVENUE CABINET, COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals May 3, 1991.

Attorney(s) appearing for the Case

Hal Nance Bogard, Happy R. Perkins and David R. Rhein, Brown, Todd & Heyburn, Louisville, for appellant.

Stephen G. Dickerson, Revenue Cabinet, Frankfort, for appellee.

Before LESTER, C.J., and STUMBO and WILHOIT, JJ.

LESTER, Chief Judge.

This is an appeal from an order entered on an opinion affirming a determination of the Board of Tax Appeals upholding an assessment for uncollected sales taxes.

Pace Membership Warehouse was a retailer which was required to collect sales taxes imposed by KRS 139.200 et seq. However, if the merchandiser was selling to a customer who was going to resell the goods, then it could obtain a...

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