NOTICE OF APPEAL AND PETITION FOR REVIEW
Kentucky Claims Commission – Tax Appeals Panel
[// GUIDANCE: This template is drafted for use in appealing a Kentucky Department of Revenue (“KDOR”) assessment or refund-claim denial. Tailor highlighted placeholders before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Petitioner: [LEGAL NAME OF TAXPAYER], a [State] [Entity Type] with principal place of business at [Address] (“Petitioner”).
Respondent: Commonwealth of Kentucky, Department of Revenue, 501 High Street, Frankfort, Kentucky 40601 (“Respondent” or “KDOR”).
Recitals
A. KDOR issued to Petitioner a Notice of Tax Due/Final Ruling dated [DATE] for the tax period(s) ending [DATE(S)] in the aggregate amount of $[AMOUNT] (“Assessment”).
B. Petitioner filed a timely protest pursuant to KRS 131.110 on [DATE]. KDOR issued its Final Ruling on [DATE].
C. Petitioner now seeks review before the Kentucky Claims Commission, Tax Appeals Panel (“Tribunal”) pursuant to KRS 49.220.
D. Consideration: The mutual promises herein constitute sufficient consideration.
E. Effective Date: This Petition is deemed filed on the date stamped by the Tribunal’s Clerk (“Effective Date”).
2. DEFINITIONS
For purposes of this Petition:
“Assessment” – The tax, penalties, and interest asserted by KDOR in the Notice of Tax Due and/or Final Ruling.
“Department” or “KDOR” – The Kentucky Department of Revenue.
“Final Ruling” – The written determination issued by KDOR under KRS 131.110(4).
“Petitioner” – The taxpayer(s) identified in the Document Header.
“Tax Period(s)” – The reporting periods listed in the Assessment.
“Tribunal” – The Kentucky Claims Commission, Tax Appeals Panel.
“Underlying Law” – KRS Chs. 131 & 49, applicable administrative regulations, and the Kentucky Constitution.
[// GUIDANCE: Add or delete defined terms as needed; ensure consistent capitalization.]
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue.
a. This Tribunal has exclusive jurisdiction under KRS 49.220 to review the Assessment.
b. Venue is proper in Franklin County, Kentucky for any subsequent judicial review.
3.2 Timeliness of Appeal.
Petitioner files this Petition within thirty (30) days of the Final Ruling, satisfying KRS 49.220(1).
3.3 Issues Presented.
a. Whether KDOR erred in computing taxable income of $[AMOUNT] for the Tax Period(s).
b. Whether KDOR improperly disallowed deductions/credits claimed under [cite statutory basis].
c. Whether penalties assessed under KRS 131.180 should be abated for reasonable cause.
3.4 Relief Requested.
Petitioner respectfully requests that the Tribunal:
i. Vacate or reduce the Assessment to $[AMOUNT]/such other amount as proven;
ii. Abate all penalties and related interest;
iii. Grant such further relief as equity and good conscience require.
3.5 Collection Stay.
Pursuant to KRS 131.110(6), enforced collection is automatically stayed during the pendency of this appeal; interest shall accrue per statute.
3.6 Filing Fee.
Petitioner encloses the requisite filing fee of $50.00 (KRS 49.250) or requests waiver [explain basis if applicable].
3.7 Service.
Petitioner will serve a copy of this Petition on KDOR’s Office of Legal Services via certified mail.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Petitioner warrants it is duly organized and has authority to prosecute this appeal.
4.2 Accuracy of Facts. Petitioner represents that, to the best of its knowledge, all factual statements herein are true, complete, and correct.
4.3 Exhaustion. Petitioner has exhausted administrative remedies required by KRS 131.110.
4.4 Survival. The warranties in this Section survive dismissal or final adjudication of this matter.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Petitioner will timely furnish documents reasonably requested by KDOR through discovery.
5.2 Notice of Changes. Petitioner shall promptly notify the Tribunal and KDOR of any change in mailing address or representative.
5.3 Compliance with Orders. Petitioner covenants to comply with all scheduling and pre-hearing orders issued by the Tribunal.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure of Petitioner to comply with Tribunal orders;
b. Failure of Respondent to timely answer or participate.
6.2 Cure Period. The non-defaulting party must give ten (10) days’ written notice to cure, unless shortened by Tribunal order.
6.3 Remedies. Upon default, Tribunal may dismiss the Petition or issue default judgment, impose sanctions, and award reasonable attorney fees under KRS 49.250(4).
7. RISK ALLOCATION
7.1 Burden of Proof. Petitioner acknowledges the statutory burden under KRS 131.081(4) to prove the Assessment is erroneous or excessive.
7.2 Indemnification.
Petitioner shall hold KDOR and the Tribunal harmless from any third-party claims arising from Petitioner’s misuse of confidential taxpayer information produced in discovery.
7.3 Limitation of Liability. KDOR’s liability is statutorily capped at the amount of tax, penalties, and interest erroneously collected (see KRS 134.590).
7.4 Force Majeure. Deadlines may be extended for events of force majeure (e.g., natural disasters, governmental shutdowns) upon motion and Tribunal approval.
8. DISPUTE RESOLUTION
8.1 Governing Law. This appeal is governed by Kentucky law, including KRS Chs. 49 & 131 and 103 KAR administrative regulations.
8.2 Forum Selection. Primary forum is the Tribunal; subsequent appeal lies to Franklin Circuit Court per KRS 49.250(3).
8.3 Arbitration. Not applicable except by mutual post-appeal agreement of the parties.
8.4 Jury Waiver. Any subsequent judicial review shall be on the administrative record; jury trial is unavailable per KRS 49.250(3).
8.5 Injunctive Relief. Collection stay under Section 3.5 preserves status quo without need for further injunction.
9. GENERAL PROVISIONS
9.1 Amendments. Petitioner may amend as of right within thirty (30) days after filing; thereafter only by Tribunal leave (KRS 49.220(3)).
9.2 Assignment. Rights and obligations under this Petition are personal to Petitioner and may not be assigned without Tribunal consent.
9.3 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted by law.
9.4 Integration. This document, together with attached exhibits, constitutes the entire Petition.
9.5 Electronic Signatures. Signatures executed via KYeFile or equivalent electronic means are deemed originals.
9.6 Counterparts. This Petition may be executed in counterparts, each of which is deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Petitioner submits this Notice of Appeal and Petition for Review on the Effective Date set forth above.
| PETITIONER | |
|---|---|
| By: ______ | Date: _____ |
| Name: [AUTHORIZED SIGNATORY] | Title: [OFFICER/MANAGER] |
VERIFICATION
I, [NAME], being duly sworn, state that I am the [TITLE] of Petitioner; that I have read the foregoing Petition; and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.
[NAME]
COMMONWEALTH OF KENTUCKY
County of __
Subscribed and sworn before me on this ___ day of __, 20__, by [NAME].
Notary Public
My commission expires: ______
CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Petition was served via certified mail, return receipt requested, upon:
Office of Legal Services
Kentucky Department of Revenue
501 High Street
Frankfort, KY 40601
[COUNSEL NAME], Esq.
Counsel for Petitioner
Bar No.: __
Address: _
Phone: __
Email: _
[// GUIDANCE: Attach KDOR Final Ruling and any supporting exhibits as “Exhibit A,” “Exhibit B,” etc. Confirm current filing fee and mailing address before submission.]