Legal Opinion

Security Trust Co. v. Department of Revenue

Court of Appeals of Kentucky (pre-1976)

Decided December 18, 1953PublishedCited by 5 opinions

1Opinion of the Court

DUNCAN, Justice.

For the purpose of fixing situs for the imposition of ad valorem and death taxes, we are required to determine whether certain Building Trust certificates should he properly classified as real estate or intangible personal property. The Chancellor upheld the contention of the Department of Revenue and adjudged the certificates to be intangible personalty with taxable situs at the domicile of the owners. The case is one of first impression in Kentucky.

The appellant represents, in an agency or fiduciary capacity, estates and trusts which own the two types of certificates…

2Cases cited4 opinions

  1. Curry v. McCanlessSupreme Court of the United States · 1939
  2. Nashville, Chattanooga & St. Louis Railway v. BrowningSupreme Court of the United States · 1940
  3. State Tax Comm'n of Utah v. AldrichSupreme Court of the United States · 1942
  4. Senior v. BradenSupreme Court of the United States · 1935

3Cited by5 opinions

  1. Blood v. PoindexterIndiana Tax Court · 1989
  2. Kentucky Power Co. v. Revenue CabinetKentucky Supreme Court · 1985
  3. McCormick v. StateCourt of Criminal Appeals of Texas · 1958
  4. Estate of TutulesCalifornia Court of Appeal · 1962
  5. Bank of America National Trust & Savings Ass'n v. CranstonCalifornia Court of Appeal · 1962

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