Commonwealth ex rel. Luckett v. Revday Industries, Inc.

CULLEN, Commissioner.

The appeals in these consolidated cases present one question, which in substance is: On a sale (to a new owner who will carry on the business) of the entire assets of a business which has been engaged in manufacturing a product and selling it at retail, is the Kentucky sales tax applicable to the sale of that portion of the assets consisting of manufacturing equipment? The Department of Revenue’s contention that the tax is so applicable was not concurred in by the Kentucky Board of Tax Appeals or by the Franklin Circuit Court. The department continues to press its…