Legal Opinion
LKS Pizza, Inc. v. Commonwealth Ex Rel. Rudolph
Court of Appeals of Kentucky
Decided July 15, 2005No. 2004-CA-001200-MRPublishedCited by 6 opinions
1Opinion of the Court
OPINION
VANMETER, Judge.
Under KRS 139.670 and 139.680, sales tax liability is imposed upon a purchaser of assets of a business for any such taxes the seller has failed to remit to the Revenue Cabinet. We must decide whether such liability attaches in the event the assets are repossessed by a secured creditor, who then transfers the assets to a separate corporation which proceeds to operate a similar business. As we hold that it does not, we reverse the decision of the Franklin Circuit Court.
The facts of this case are relatively straightforward and are not disputed by the parties. PJDoughboy,…
2Cases cited17 opinions
- Popplewell's Alligator Dock No. 1, Inc. v. CabinetKentucky Supreme Court · 2004
- Embs v. Pepsi-Cola Bottling Co. of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1975
- Knudsen Dairy Products Co. v. State Board of EqualizationCalifornia Court of Appeal · 1970
- Bank of Commerce v. WoodsTennessee Supreme Court · 1979
- Bates v. Director of RevenueSupreme Court of Missouri · 1985
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3Cited by6 opinions
- Certain Underwriters at Lloyd's, London v. Abundance Coal, Inc.Court of Appeals of Kentucky · 2011
- First Southern National Bank v. Cumberland Security Bank, Inc.Court of Appeals of Kentucky · 2021
- James Carr Potter, II v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2024
- Kenneth Minton, Individually and as Personal Representative of the Estate of Phyllis J. Minton v. Paducah & Louisville Railway, Inc.Court of Appeals of Kentucky · 2025
- Paducah & Louisville Railway, Inc. v. Kenneth Minton, Individually and as Personal Representative of the Estate of Phyllis J. MintonCourt of Appeals of Kentucky · 2025
1 more not listed; retrieve them via the Exa API.