(DOWNLOAD) "Commonwealth v. Whitelaw" by Court Of Appeals Of Kentucky " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Whitelaw
- Author : Court Of Appeals Of Kentucky
- Release Date : January 04, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
VAN SANT, Commissioner. Appellee, Arthur K. Whitelaw, is a former Vice-President of the Standard Oil Company of Kentucky. By arrangement with the Metropolitan Life Insurance Company, the Oil Company procured an annuity for all of its employees. Under the plan adopted, each employee pays a portion of the premium each month, and the Oil Company contributes the balance. It so happened that Mr. Whitelaw retired and became entitled to his annuity payments immediately upon procuring the policy, and the premium for his annuity was paid in a lump sum. By the terms of the annuity, Mr. Whitelaw, since July 1, 1931, has been receiving, and for the balance of his life will receive, the sum of $1875 per month. The Commonwealth in this action is seeking to collect ad valorem taxes on Mr. Whitelaw's rights under the annuity contract. Similar cases have been before this Court on several occasions. Commonwealth v. Nute, 115 Ky. 239, 72 S.W. 1090; Commonwealth v. Sutcliffe, 283 Ky. 274, 140 S.W.2d 1028; Button et al. v. Hikes, 296 Ky. 163, 176 S.W.2d 112, 150 A.L.R. 779; Evans v. Boyle County Board of Supervisors, 296 Ky. 353, 177 S.W.2d 137; County Board of Tax Supervisors of Jefferson County et al. v. Helm, 297 Ky. 803, 181 S.W.2d 452; and Button et al., etc., v. Drake, 195 S.W.2d 66. In all of these cases, except Button et al. v. Hikes, supra, the Court held the property involved to be subject to ad valorem taxation. In Button et al., etc., v. Drake, supra, the decision in Button v. Hikes, supra, was overruled, and the principles announced in the other cases were approved. Since the reasons for our decisions are fully set forth in the opinion in the Drake case, we will not iterate them here, but will refer the reader to the opinion in that case.