Legal Opinion · Dissent

GTE v. Revenue Cabinet, Commonwealth of Kentucky

Kentucky Supreme Court

Decided December 22, 1994No. 94-SC-168-DGPublished

1DissentLambert, Justice

There is no statutory provision in this state by which multiple corporate entities are allowed to file a combined income tax return. The plain language of KRS 141.200(1) requires that

Every corporation doing business in this state, except those exempt from taxation under KRS 141.040, shall make a return stating specifically the items of income and the items claimed as deductions allowed by this chapter. Corporations that are affiliated must each make a separate return.

KRS 141.200(1) (emphasis added).

Income tax reporting requirements arise only from statutory enactment. Multi-state *794corporations…

2Cases cited2 opinions

  1. Armco Inc. v. Revenue Cabinet CommonwealthKentucky Supreme Court · 1988
  2. Department of Revenue v. Early & Daniel Co.Kentucky Supreme Court · 1982

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