Department of Revenue v. Eifler

436 S.W.3d 530, 2013 WL 5296751, 2013 Ky. App. LEXIS 140
CourtCourt of Appeals of Kentucky
DecidedSeptember 20, 2013
DocketNo. 2012-CA-000302-MR
StatusPublished
Cited by1 cases

This text of 436 S.W.3d 530 (Department of Revenue v. Eifler) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Revenue v. Eifler, 436 S.W.3d 530, 2013 WL 5296751, 2013 Ky. App. LEXIS 140 (Ky. Ct. App. 2013).

Opinion

OPINION

CLAYTON, JUDGE:

This is an appeal from the Franklin Circuit Court’s decision affirming an Attorney General’s Opinion which held that the Appellee, Timothy J. Eifler, was entitled to obtain records from the Appellant, Kentucky Department of Revenue (the Department), under the Open Records Act (ORA). Based upon the following, we affirm the Franklin Circuit Court’s opinion.

FACTUAL SUMMARY

Eifler filed a request to inspect documents with the Department on behalf of his client, Delta Resources, Inc. (Delta). He requested “[a] list of names, addresses, [531]*531and dates of registration of all taxpayers currently registered with the [Department] for the Utility License Tax.” If these records did not exist, Eifler requested, “to inspect all documents, materials, computer software/databases or other records containing the names, addresses and/or dates of registration of all taxpayers currently registered with the [Department] for the Utility License Tax.”

The Department’s Custodian of Records, Sarah E. Pence, sent Eifler a denial of his request in writing, stating that a record of the names, addresses and date of registration of all taxpayers did not exist and that there was no preexisting method whereby extracting such information from tax returns was possible. She also explained that the Department believed Eifler’s request came within the exemption from inspection set forth in Kentucky Revised Statutes (KRS) 61.878(1)(1). Eifler appealed this denial to the Kentucky Attorney General (OAG).

Pursuant to KRS 61.880, the OAG is the agency authorized to review a denial of an ORA request. In this case, the OAG held that the Department should turn over the records for inspection, finding that it maintained the documents sought and that they could be produced for inspection.

After the OAG’s decision, the Department appealed to the Franklin Circuit Court for judicial review. After an analysis, the circuit court affirmed the OAG’s report allowing Eifler access. The Department then brought this appeal.

STANDARD OF REVIEW

We review a decision of law de novo. Medley v. Board of Education of Shelby County, 168 S.W.3d 398 (Ky.App.2004).

DISCUSSION

The Department first asserts that the information sought by Eifler is not publicly accessible under the plain meaning of KRS 131.081(15) and KRS 131.190. The Department argues that these statutes protect all information on tax returns unless one of the specifically enumerated exceptions provided in KRS 131.190(l)(b) and (2) through (7) applies.

KRS 131.081(15) provides that:

Taxpayers shall have the right to privacy with regard to the information provided on their Kentucky tax returns and reports, including any attached information or documénts. Except as provided in KRS 131.190, no information pertaining to the returns, reports, or the affairs of a person’s business shall be divulged by the department to any person or be intentionally and without authorization inspected by any present or former commissioner or employee of the Department of Revenue, member of a county board of assessment appeals, property valuation administrator or employee, or any other person.

KRS 131.190(l)(a) provides protection of information that would reveal “the affairs of any person” and “the affairs of the person’s business.” The Department contends that these provisions dictate that no information contained on Kentucky tax returns can be disclosed except under circumstances that fit within the enumerated exceptions.

The Department also contends that the protection and confidentiality of information relating to “the affairs of any person” must be construed to include a taxpayer’s name and address in light of the civil and criminal penalties imposed for violation of the statutes. It argues that to adopt the circuit court’s reasoning (that KRS 131.190(l)(a) prevents disclosure of taxpayer information only if the information per[532]*532tains to the affairs of a person’s business) renders the phrase “the affairs of any person” to be meaningless. The Department asserts that revealing the identity of those who pay the tax and their liability date reveals their personal business affairs since it identifies them as taxpayers and the date of their taxation. It argues that such information identifies the type of business in which they engage as well as their energy costs.

KRS 131.190(l)(b)(2) provides that protection is not afforded to any matter “in any way made a matter of public record.” The Department is only authorized to “divulge to the applicable school districts on a confidential basis any utility gross receipts license tax return information that is necessary to administer the provisions of KRS 160.613 to 160.617,” the school tax returns which set forth the information Eifler seeks. KRS 131.190(7).

As set forth above, the OAG is the administrative agency which is authorized to review the denial of a request to inspect a public record under KRS 61.880. In this case, the OAG overruled the Department’s denial of the production of the records. In its Order, the OAG held that since the Department maintains the documents with the information Eifler sought, and since the documents could be produced for inspection, the Department had violated the ORA by denying the request for the records. It also went on to find that since the Department’s registration applications contain the information sought by Eifler, and since they could easily be redacted to comply with privacy requirements, Eifler was entitled to inspect or obtain copies of the redacted applications.

Specifically, the OAG has held that:

[T]he purposed of the Open Records Act is to allow any person to check on the operation of the government by inspecting the records of the various cabinets, departments, and agencies. Whether taxes are being paid by persons and companies legally obligated to pay them is a legitimate interest and any person has a right to check on that matter.

1986 Ky. Op. Atty. Gen. 2-163, Ky. OAG 86-11, 1986 WL 222272 (Ky.A.G.), at p. 2.

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Cite This Page — Counsel Stack

Bluebook (online)
436 S.W.3d 530, 2013 WL 5296751, 2013 Ky. App. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-revenue-v-eifler-kyctapp-2013.