A unanimous three-judge panel of the N.C. Court of Appeals has affirmed a ruling against the N.C. Revenue Department in a dispute with an employee fired in connection with tax return errors. At issue was the fact that the department waited 19 months before deciding to act on the information of the false tax returns to initiate the dismissal.
By that time, appellate judges agreed the tax errors were no longer “a current incident of unacceptable personal conduct.”