Commonwealth, Revenue Cabinet v. Liberty National Bank of Lexington

JOHNSON, Judge.

The appellant, Revenue Cabinet for the Commonwealth of Kentucky (hereinafter “Cabinet”), has appealed a summary judgment of the Fayette Circuit Court which held that a judgment lien of appellee, Liberty National Bank of Lexington (hereinafter “Liberty”), is prior and superior to the tax lien of the Cabinet. The issue in this case is whether a tax lien resulting from a jeopardy assessment pursuant to KRS 131.-150 and filed by the Cabinet pursuant to KRS 134.420 may be defeated by a later filed lien. KRS 134.420 provides that tax liens of the kind at issue in this case, if notice…