Commonwealth Revenue Cabinet ex rel. Gillis v. Graham

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 to produce, Schmitt filed an action in the Franklin Circuit Court seeking an in camera review of these documents.

The Circuit Court so ordered…