Legal Opinion · Dissent

Commonwealth v. Kentucky Heating Co.

Court of Appeals of Kentucky

Decided May 29, 1917Published

Appeal from Jefferson Circuit Court (Chancery Branch, First Division).

1Dissent

*49Dissenting Opinion sy

Judge O'akroll.

The opinion of the court holds (1) that intangible property, such as cash, bonds, and stocks, which a corporation omits to list in its report, cannot be assessed as omitted property by the state at the suit of a revenue agent; and (2) that such omission should be treated merely as an under-valuation of its intangible property by the corporation, and hence the omitted property cannot be assessed by the state at the suit of a revenue agent.

I do not agree to either of these propositions, and as the questions involved are of public interest, I think it proper…

2Cases cited20 opinions

  1. Commonwealth v. McGovernCourt of Appeals of Kentucky · 1903
  2. Respass v. Comth. ex rel. Atty. Gen'lCourt of Appeals of Kentucky · 1909
  3. Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
  4. Commonwealth v. HelmCourt of Appeals of Kentucky · 1915
  5. Chicago, St. Louis & N. O. Ry. Co. v. CommonwealthCourt of Appeals of Kentucky · 1903

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