Luckett v. Texas Eastern Transmission Corp.

MOREMEN, Judge.

Appellee, Texas Eastern Transmission Corporation, is a foreign public service company which operates 5,415.7 miles of interstate gas transmission pipeline — 229.3 miles of which are located in Kentucky.

KRS 136.120 created a franchise tax on such pipeline companies, and appellee is subject to that tax.

The circuit court held that the Department of Revenue, in several particulars, failed to use a proper formula for the valuation of appellee’s franchise and ordered that the assessment be set aside. Hence this appeal.

In Luckett v. Tennessee Gas Transmission Co., Ky., 331 S.W.2d 879,…