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MONUMENTAL LIFE INS. CO. v. DEPT. OF REV.

No. 2005-CA-002148-MR.

201 S.W.3d 500 (2006)

MONUMENTAL LIFE INSURANCE COMPANY (Successor In Interest To Commonwealth Life Insurance Company), Appellant, v. THE DEPARTMENT OF REVENUE (Formerly Known As The Revenue Cabinet); The Kentucky Board of Tax Appeals; and Louisville/Jefferson County Metro Government (Formerly known as City of Louisville, Kentucky and Jefferson County, Kentucky), Appellees.

Court of Appeals of Kentucky.

August 18, 2006.

Attorney(s) appearing for the Case

Mark F. Sommer, Mark A. Loyd, Greenbaum Doll & McDonald PLLC, Louisville, KY, William A. Chittenden, Chittenden, Munday & Novotny LLC, Chicago, IL, for appellant.

Laura M. Ferguson, Stephen G. Dickerson, Office of Legal Services for Revenue, Frankfort, KY, for appellee, The Department of Revenue.

Gary E. Siemens, Benson Byrne Risch Siemens & Lange, Louisville, KY, for appellee, Louisville/Jefferson County Metro Government.

Before ABRAMSON, TAYLOR, and VANMETER, Judges.

OPINION AND ORDER

VANMETER, Judge.

This matter is before us upon Monumental Life Insurance Company's motion to remand the administrative record to the Kentucky Board of Tax Appeals (KBTA) for proper organization and indexing. The Revenue Cabinet opposes the motion. After reviewing the relevant facts and legal authority, we grant the motion.

The KBTA is an "administrative review agency" (Kentucky Revised Statutes (KRS) 131.310) endowed with...

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