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W. KY COCA-COLA BOTTLING v. REVENUE CABINET

No. 2000-CA-002883-MR.

80 S.W.3d 787 (2001)

WESTERN KENTUCKY COCA-COLA BOTTLING COMPANY, INC., Appellant, v. REVENUE CABINET, Commonwealth of Kentucky; and Kentucky Board of Tax Appeals, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 14, 2002.

Attorney(s) appearing for the Case

John David Cole, Cole, Moore & Baker, Matthew P. Cook, Bowling Green, KY, for appellant.

Douglas M. Dowell, Revenue Cabinet, Commonwealth of Kentucky, Frankfort, KY, for appellee.

Before COMBS, HUDDLESTON and MILLER, Judges.

OPINION

HUDDLESTON, Judge.

With Chief Justice Marshall's famous declaration "the power to tax involves the power to destroy," the United States Supreme Court established the doctrine of federal immunity from state taxation, a principle founded on the Supremacy Clause of the United States Constitution.1 By voluntarily waiving immunity from state taxation in certain instances,...

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