IN RE LEMONS

No. 98,468.

192 P.3d 647 (2008)

In the Matter of the Appeal of LEMONS, Stephen and Loretta, from a Final Determination Regarding 1994 Kansas Income Tax.

Court of Appeals of Kansas.

September 19, 2008.


Attorney(s) appearing for the Case

Jay D. Befort, of Kansas Department of Revenue, for appellant.

S. Lucky DeFries and Jeffrey A. Wietharn, of Coffman, DeFries & Nothern, of Topeka, for appellees Stephen and Loretta Lemons.

Before HILL, P.J., PIERRON and GREEN, JJ.


HILL, J.

This case is a judicial review of an order of the Board of Tax Appeals (BOTA) allowing a tax refund to Stephen and Loretta Lemons, a couple who successfully sued the Internal Revenue Service (IRS) for a tax refund. The Kansas Department of Revenue (KDOR) argues the Lemons failed to file their adjusted return in a timely way. Because we cannot read words into a plainly written statute that would alter its meaning, we affirm the Board of Tax Appeals.

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