Revenue Cabinet Commonwealth v. Estate of Young

COOPER, Judge.

Appellant Revenue Cabinet appeals from an adverse decision of the Franklin Circuit Court, affirming an order of the Board of *168Tax Appeals [hereinafter “board”]. The board had held that if real property classified as agricultural/horticultural has not been assessed for ad valorem tax purposes, then, and only then, could the Revenue Cabinet make a determination of agricultural value for inheritance tax purposes.

At issue is the interpretation of two statutes — KRS 140.330 and KRS 140.165 — and the ability of the Revenue Cabinet to redetermine the agricultural/horticultural value for…