KRS 138.224: Presumption of taxability.

It shall be presumed that all untaxed motor fuels are subject to the tax levied under KRS

138.220 unless the contrary is established pursuant to KRS 138.210 to 138.448 or

administrative regulations promulgated thereunder by the department. The tax shall be

paid by the licensed dealer to the department. The burden of proving that any motor fuel

is not subject to tax shall be upon the dealer or any person who imports, causes to be

imported, receives, uses, sells, stores, or possesses untaxed motor fuel in thi s state. Any

dealer or other person who imports, causes to be imported, receives, uses, sells, stores, or

possesses untaxed motor fuels but fails to comply with all statutory and regulatory

restrictions applicable to the fuel shall be jointly and severally liable for payment of the

tax due on the fuel. A person's liability shall not be extinguished until the tax due has

been paid to the department.