Legal Opinion

Whayne Supply Co. v. Commonwealth Revenue Cabinet

Kentucky Supreme Court

Decided June 20, 1996No. 95-SC-490-DGPublishedCited by 3 opinions

1Opinion of the Court

GRAVES, Justice.

Whayne Supply Company, Inc. (hereinafter “Whayne”) appeals from a decision entered by the Court of Appeals declaring that a prior filed state tax hen under KRS 134.420(2) has priority in proceeds of collateral over a purchase money security interest in the same collateral (hereinafter “PMSI”) filed under KRS 355.9-101.

The facts of the case are not in dispute. On June 11, 1990, Panbowl Energy, Inc. (hereinafter “Panbowl”) exercised an option and purchased a Gardner Denver GD4SC Drill from Whayne. The purchase price of the equipment was $232,372.64; Panbowl paid $11,500.00 as a…

2Cases cited1 opinion

  1. Francis J. Vereyken and Patricia M. Vereyken v. Annie's Place, Inc., State of Michigan, United States of America, Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1992

3Cited by3 opinions

  1. Wells Fargo Bank, Minnesota, N.A. v. CommonwealthKentucky Supreme Court · 2011
  2. American General Financial Services, Inc. v. CarterCourt of Appeals of Kansas · 2008
  3. Gary Willingham v. Gallatin Group, Inc.Court of Appeals of Tennessee · 2001

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