KY Supreme Court rules Instant Racing legally implemented

The Kentucky Supreme Court on Thursday ruled that the Kentucky Horse Racing Commission "has the statutory authority to license and regulate the operation of pari-mutuel wagering on historic horse racing". However, "under the present statutory scheme for taxing the wagering handle on horse racing in Kentucky, the Department does not have the authority to collect the statutory excise tax on the wagering on historic horse races" and "whether the licensed operation of wagering on historic horse racing, pursuant to the Commission's authority, violates the gambling provisions of the Kentucky Penal Code is an issue that depends upon facts not in the record, and therefore, must be deferred pending further proceedings in the circuit court". 

Click here for the full opinion.

More to come….


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