Legal Opinion

Martin, Comr. of Revenue v. Nocero Ice Cream Co.

Court of Appeals of Kentucky (pre-1976)

Decided March 23, 1937PublishedCited by 20 opinions

1Opinion of the Court

Opinion op the Court by

Judge Rees

— Affirming.

This case challenges the validity of so much of section 2 of chapter 3 of the Acts passed at the Third Extraordinary Session of the G-eneral Assembly which convened March 30, 1936, as imposes- a tax on the sale of ice cream in Kentucky. The pertinent provisions of the act read:

“Section Two (2). (a) A state tax is hereby imposed on the sale or nse of commodities enumerated in this section in the amounts specified as follows: * * *
“The tax imposed upon the sale of ice cream shall be collected by the person making the first sale of ice cream in the…

2Cases cited18 opinions

  1. McCray v. United StatesSupreme Court of the United States · 1904
  2. A. Magnano Co. v. HamiltonSupreme Court of the United States · 1934
  3. Stewart Dry Goods Co. v. LewisSupreme Court of the United States · 1935
  4. Hager v. WalkerCourt of Appeals of Kentucky · 1908
  5. Glenn v. Field Packing Co.Supreme Court of the United States · 1933

13 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State Ex Rel. Schultz-Lindsay Construction Co. v. State Board of EqualizationMontana Supreme Court · 1965
  2. Atlantic Coast Line R. Co. v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
  3. Great Atlantic & Pacific Tea Co. v. Kentucky Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1939
  4. Shannon v. Hughes & Co.Court of Appeals of Kentucky (pre-1976) · 1937
  5. Alco Parking Corp. v. City of PittsburghCommonwealth Court of Pennsylvania · 1972

15 more not listed; retrieve them via the Exa API.

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