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LUCKETT v. COCA-COLA BOTTLING COMPANY OF LOUISVILLE

310 S.W.2d 795 (1958)

J. E. LUCKETT, Commissioner of Revenue, et al., Appellants, v. COCA-COLA BOTTLING COMPANY OF LOUISVILLE, Inc., Appellee.

Court of Appeals of Kentucky.

February 28, 1958.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Hal O. Williams, Asst. Atty. Gen., William S. Riley, Atty., Dept. of Revenue, Frankfort, for appellants.

William A. Mackenzie, Skaggs, Hays & Fahey, Louisville, for appellee.

STEWART, Judge.

This appeal involves the question of whether certain business income of Coca-Cola Bottling Company of Louisville (herein called "Coca-Cola"), which was assessed by the Department of Revenue for the years 1951 through 1955, was allocable to Kentucky for the payment of income taxes and the accrued interest thereon. The lower court voided the assessments made for each of the years, and this appeal is from the judgment dismissing the Department's claim...

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