Department of Revenue v. Kentucky Trust Company

SIMS, Judge.

Appellant, Department of Revenue, hereinafter referred to as Department, assessed a tax of $6,961.08 against a trust estate created by Alex Galt Robinson on the theory there was a possibility the estate would revert to Mr. Robinson and the entire corpus of same was taxable at his death under KRS 140.010. y- The executor paid this tax under protest and filed its petition for appeal in the Franklin Circuit Court asking that under KIRS 134.580 the court order the Department to refund the tax paid. The trial judge held that under the trust agreement there was a possibility the estate…