Opinion of the Court by Justice SCOTT.
This is an appeal from an opinion of the Court of Appeals reversing the Jefferson Circuit Court, which in turn reversed the Kentucky Board of Tax Appeals. The
Because Appellant, Cromwell Louisville Associates, Limited Partnership, failed to comply with the administrative procedures mandated by KRS 133.120, we hold that the trial court erroneously reversed the Board of Tax Appeals' decision. We, therefore, affirm the decision of the Court of Appeals and remand this matter to the trial court with instructions that the court dismiss this action in accordance with the decision of the Board of Tax Appeals.
Because the parties stipulated most of the relevant facts and this case centers on statutory interpretation, we find a lengthy recitation of the facts unnecessary. This case originated from an administrative appeal based on the PVA's alleged overvaluation of Appellant's two commercial lots for the 2001 tax year. According to Appellant, the PVA valued its property at $3,040,600 for the 1998, 1999, and 2000 tax years. This amount ballooned to $7,733,640 for the 2001 tax year.
Appellant first contested the PVA's 2001 tax assessment on April 30, 2002, claiming that the PVA drastically overvalued its property.
During the pendency of the administrative appeal to the Kentucky Board of Tax Appeals, both parties agreed that if the Board found in Appellant's favor, the stipulated amount that Appellant overpaid in state and local tax for 2001 was $67,327.80.
We also hold Appellant did not comply with the statutory requirements contained in KRS 133.120 and, therefore, affirm the Court of Appeals.
As Benjamin Franklin stated, "in this world nothing can be said to be certain, except death and taxes." Experience—and we might add, age—certainly confirm his wit and wisdom. In this Commonwealth, taxpayers can certainly expect annual property assessments, with taxes due near the end of every year. KRS 134.015. However, in this case, what is less certain is the applicable time period each taxpayer has to challenge this annual assessment.
Kentucky provides a statutorily codified right to inspect the real property tax rolls during the first thirteen days of May. KRS 133.045(1). In the case of an overvalued property assessment, the General Assembly authorized a refund of the resulting overpaid taxes. KRS 134.590. Notably, the refund provision contains an important condition precedent: a taxpayer must exhaust the administrative remedy procedures before seeking a refund. KRS 134.590(2), (6). With this framework in mind, we turn to Appellant's arguments.
Appellant's arguments hinge on the applicable time period in which a taxpayer must protest the PVA's property assessment. Appellant contends that KRS 133.120(1)(a)'s reference to the "inspection period," defined by KRS 133.045(1), restricts only the period of days, not the year, the initial conference and subsequent appeal challenging the property assessment can occur. KRS 133.120(1)(a) reads:
KRS 133.045(1) provides:
KRS 134.590(2), (6) (emphasis added).
Appellant synthesizes these three statutes by contending that a taxpayer is in compliance with all the administrative procedures relating to assessment appeals, if he requests the initial conference (KRS 133.120(1)(a)) during the first thirteen days of May (KRS 133.045(1)), and within two years of paying the disputed taxes (KRS 134.590(2), (6)). Thus, Appellant contends it complied with all applicable statutes for the 2001 property assessment by requesting an initial KRS 133.120(1)(a) conference the next year on April 30, 2002. Furthermore, Appellant claims that if we do not reverse the Court of Appeals, taxpayers will only have thirteen days, during the inspection period, to challenge improper property tax assessments.
In its response the PVA adopts the Court of Appeals' reasoning. It avers that the only reasonable reading of the assessment appeal procedures defined in KRS 133.120, which references KRS 133.045's current year language, leads to the conclusion that each tax year stands on its own. Additionally, the PVA argues that KRS 134.590 is not a substitute for KRS 133.120. Consequently, the PVA argues that Appellant's failure to properly perfect its appeal of the 2001 tax bill in 2001 is fatal.
When interpreting a statute we adhere to the general and oft-repeated maxim that, "[o]ur main objective is to construe the statute in accordance with its plain language and in order to effectuate the legislative intent." Cabinet for Families and Children v. Cummings, 163 S.W.3d 425, 430 (Ky.2005).
The above conclusion is bolstered when considering Appellant's argument that the Court of Appeals' decision limits taxpayers to thirteen days to challenge an improper property tax.
Pursuant to KRS 133.120()(d), the taxpayer presents the claimed value of his property at the KRS 133.120(1)(a) conference. Consequently, in order for this claimed value option to be available, the assessment conference must be held during the same year; if the conference did not occur until the next tax year, the taxpayer would have no claimed value figure to use when paying taxes while disputing the property valuation.
Therefore, we conclude that the plain meaning of KRS 133.120(1)(a), with its reference to the inspection period, mandates that the taxpayer request the conference during the current tax year.
We have long held "that a statute must not be interpreted so as to bring about an absurd or unreasonable result." George v. Alcoholic Beverage Control Bd., 421 S.W.2d 569, 571 (Ky.1967). Appellant's contention that KRS 133.120 does not restrict the conference to the current tax year would bring about such an absurd result. When interpreting the statute without a year limit, the initial conference may occur during the first thirteen days of any May.
Appellant's proposed solution to the above quandary resulting from construing the inspection period without a current year limitation is to import the statute of limitations from the refund statute, KRS 134.590. Disregarding the plain language of the statute and trying to take part of another statute to extend the time line only perpetuates the absurdity. KRS 133.120 and 134.590 apply to patently different situations: the former is applicable to administrative proceedings for challenging the PVA's assessment of property value, while the latter provides for refunds of ad valorem or unconstitutional taxes.
Furthermore, the references to KRS 133.120 within KRS 134.590(2) and (6) do not change the analysis; rather, it merely establishes a prerequisite to applying for a refund, insuring taxpayers do not circumvent the administrative procedures. Notably, KRS 133.120(1)(a) does not refer to KRS 134.590(2) or (6) for the time period within which a taxpayer must request a conference and appeal. However, KRS 133.120(1)(a) does explicitly reference KRS 133.045 for the applicable time frame, which, as previously stated, unambiguously applies a current year framework to the inspection period. We have oft-stated, "[w]e are not at liberty to add or subtract from the legislative enactment." Commonwealth v. Harrelson, 14 S.W.3d 541, 546 (Ky.2000). Accordingly, we cannot subtract the reference to KRS 133.045 from KRS 133.120(1)(a), and substitute KRS 134.590(2) or (6) in its place.
Appellant also contends that it has a constitutional right to a refund. Appellant claims that it is entitled to obtain a pre-deprivation determination or, alternatively, the Commonwealth must provide meaningful backward looking relief to rectify any unconstitutional deprivation. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, 496 U.S. 18, 110 S.Ct. 2238, 110 L.Ed.2d 17 (1990). Additionally, Appellant contends that the Supreme Court of the United States has also held that states may not "bait and switch" by holding out what plainly appears to be a post-deprivation remedy and then, after taxes are paid, declare no such remedy exists. Reich v. Collins, 513 U.S. 106, 115 S.Ct. 547, 130 L.Ed.2d 454 (1994). Appellant claims that this is exactly what occurred when it was prevented from applying for a refund. We disagree.
We addressed Appellant's first claim in regards to pre- and post-deprivation review above. As previously noted, KRS 133.120(9) permits the taxpayer to pay property taxes based on the claimed value of his property, pending a final valuation determination. Thus, there can be no deprivation for taxes not yet paid. We also find Appellant's citation to Reich inapposite.
The remainder of Appellant's arguments are alternative theories under which KRS 134.590's two year time frame is applicable to the assessment appeal procedures of KRS 133.120. Appellant's arguments however, collapse with our finding that KRS 133.120(1)(a)'s assessment conference and appeal shall occur within the same tax year. Consequently, we succinctly discuss and dismiss the remainder of Appellant's alternative arguments.
Appellant's general statutory construction argument again attempts to combine two statutes that bear only a loose connection. We find this argument unpersuasive for the reasons previously stated. Next, Appellant's argument regarding the legislative history is unpersuasive, largely due to Appellant's failure to include any legislative history supporting its assertions. Finally, Appellant rehashes the argument that it exhausted its administrative remedies under KRS 134.590, entitling it to apply for a refund. As we found above, Appellant failed to request the assessment conference pursuant to KRS 133.120(1)(a) during the same tax year, thereby failing to comply with KRS 133.120. Consequently, Appellant cannot seek a refund under KRS 134.590 as it did not exhaust its administrative remedies.
For the above reasons, we affirm the Court of Appeals' decision and remand this matter to the trial court with instructions that the court dismiss this action in accordance with the decision of the Kentucky Board of Tax Appeals.
MINTON, C.J.; CUNNINGHAM, NOBLE, SCHRODER, and VENTERS, JJ., concur. ABRAMSON, J., not sitting.
Notice: "If the property valuation administrator assesses any property at a greater value than that listed by the taxpayer or assesses unlisted property, the property valuation administrator shall serve notice on the taxpayer of such action. The notice shall be given by first-class mail or as provided in the Kentucky Rules of Civil Procedure." KRS 132.450(4) Step 1: Conference with the PVA or its deputy during the inspection period. KRS 133.120(1)(a)
Step 2: Appeal to County Board of Assessments. KRS 133.120(2)(a)
a. No later than one workday following the conclusion of the inspection period
Step 3: Appeal to the Kentucky Board of Tax Appeals. KRS 133.120(10)
Step 4: Appeal to the appropriate County Circuit Court. KRS 13B, KRS 131.370
Step 5: Appeal to the Kentucky Court of Appeals as a matter of right.
Step 6: Seek discretionary review in the Supreme Court of Kentucky.