In Re Tax Appeal of Trickett

Walker, J.:

The Kansas Department of Revenue (KDR) appeals the decision by the Kansas Board of Tax Appeals (BOTA) that part of its assessment for Larry N. Trickett’s income taxes was untimely under K.S.A. 1999 Supp. 79-3230(f).

The facts and procedural path followed by this case are complex and are as follows:

During the years of 1988 through 1991, Trickett resided in Kansas and received income from his employment in excess of $10,000 for each of those years. The KDR did not receive any income tax returns from Trickett for those years.

The Internal Revenue Service (IRS) and Kansas have an…