Legal Opinion

Kentucky Department of Revenue v. Bomar

Court of Appeals of Kentucky

Decided October 20, 1972PublishedCited by 7 opinions

1Opinion of the Court

STEINFELD, Chief Justice.

The question to be decided in this litigation is whether the appellee Mrs. Boise S. Bomar is liable to Kentucky for ad valo-rem taxes on the corpus of a trust located in Georgia. The circuit court held that she was not liable, but we reverse.

In 1939 Mrs. Bomar, a Kentucky resident, entered into a trust agreement with an Atlanta, Georgia bank pursuant to which she delivered to the bank as trustee intangibles, principally common stocks, to manage for her. She retained the right to control all purchases and sales which the trustee might make and to amend or revoke the…

2Cases cited18 opinions

  1. Higgins v. CommissionerSupreme Court of the United States · 1941
  2. Holly Sugar Corp. v. JohnsonCalifornia Supreme Court · 1941
  3. Grieves v. State Ex Rel. County Atty.Supreme Court of Oklahoma · 1934
  4. Roth ex rel. Dreyfus Corp. v. Fund of Funds, Ltd.Court of Appeals for the Second Circuit · 1968
  5. Maricopa County v. Trustees Arizona Lodge No. 2Arizona Supreme Court · 1938

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3Cited by7 opinions

  1. Delta Air Lines, Inc. v. Commonwealth, Revenue CabinetKentucky Supreme Court · 1985
  2. Epsilon Trading Co. v. Revenue CabinetCourt of Appeals of Kentucky · 1989
  3. Kentucky Department of Revenue v. Hobart Manufacturing Co.Kentucky Supreme Court · 1977
  4. Humpage v. RobardsSupreme Court of Kansas · 1981
  5. Delta Air Lines, Inc. v. Commonwealth, Revenue CabinetKentucky Supreme Court · 1985

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