Legal Opinion

Pace Membership Warehouse, Inc. v. Revenue Cabinet

Court of Appeals of Kentucky

Decided March 8, 1991No. 90-CA-871-MRPublishedCited by 1 opinion

1Opinion of the Court

LESTER, Chief Judge.

This is an appeal from an order entered on an opinion affirming a determination of the Board of Tax Appeals upholding an assessment for uncollected sales taxes.

Pace Membership Warehouse was a retailer which was required to collect sales taxes imposed by KRS 139.200 et seq. However, if the merchandiser was selling to a customer who was going to resell the *354goods, then it could obtain a resale certificate as provided for in KRS 139.270 in which event it was not obligated to collect the tax. That statute, in its entirety, recites:(1) The resale certificate relieves the seller…

2Cases cited3 opinions

  1. Merriwether v. StateSupreme Court of Alabama · 1949
  2. Cody v. State Tax CommissionSupreme Court of Alabama · 1937
  3. Commonwealth, Department of Revenue v. Warren Chemical & Janitor Supply Co.Court of Appeals of Kentucky · 1977

3Cited by1 opinion

  1. Arkin-Medo, Inc. v. Commissioner of Revenue ServicesConnecticut Appellate Court · 1996

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