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IN RE LEMONS

No. 98,468.

217 P.3d 41 (2009)

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

Supreme Court of Kansas.

October 9, 2009.

Attorney(s) appearing for the Case

Karyn D. Lopez, of the Kansas Department of Revenue, argued the cause, and Jay D. Befort and James Bartle, of the Kansas Department of Revenue, were with her on the briefs for appellant.

S. Lucky DeFries, of Coffman, DeFries & Nothern, argued the cause, and Jeffrey A. Wietharn, of the same firm, was with him on the briefs for appellee.

PER CURIAM:

This case arises on the Kansas Department of Revenues petition for review from our Court of Appeals' decision affirming the Board of Tax Appeals (The Board of Tax Appeals is now the Court of Tax Appeals. See L.2008 ch. 109, sec. 2) ruling in favor of taxpayers Stephen and Loretta Lemons.

We granted review to address what was then an issue of first impression — whether K.S.A.2008 Supp. 79-3230(g) tolled K.S.A. 2008 Supp. 79-3230(f)'s 180...

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