Texas Co. v. Commonwealth

Opinion op the Court by

Judge Sims

Affirming in part, reversing in part.

This action was instituted in the Estill County Court in 1941 under KS 4260-1 as amended in 1937 (now KRS 132.330 and 132.340) to assess as omitted property the franchise of the Texas Company’s pipe line in the counties of Estill, Lee and Powell for the years 1936-1940, inclusive. The county court held the franchise was not subject to taxation on the theory, as stated in briefs, that KS 4077 (now KRS 136.120) does not apply as the pipe line was used only to transport oil owned by the Company.

The Commonwealth appealed to the…