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COM. REVENUE CABINET BY GILLIS v. GRAHAM

710 S.W.2d 227 (1986)

COMMONWEALTH of Kentucky REVENUE CABINET By and on Behalf of Gary W. GILLIS, Secretary, Appellant, v. Honorable William L. GRAHAM, Judge, Franklin Circuit Court, Appellee.

Supreme Court of Kentucky.

May 22, 1986.

Attorney(s) appearing for the Case

Douglas M. Dowell, Legal Services Section, Revenue Cabinet, Frankfort, for appellant.

William L. Graham, Frankfort, for appellee.

William A. Young, John K. Doll, John E. Evans, Louisville, for real party in interest.

WHITE, Justice.

This appeal is taken from an Order of the Court of Appeals by which the Revenue Cabinet's Petition for a Writ of Prohibition in a discovery matter was denied.

Following an assessment for delinquent tax payments, Schmitt Furniture Company protested and appealed to the Kentucky Board of Tax Appeals. In preparation thereof, Schmitt sought the production of certain documents within the control of the Revenue Cabinet. Upon the Cabinet's refusal...

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