Administration of Revenue and Tax Laws

ORS 305.560
Appeals procedure generally

  • procedure when taxpayer is not appellant
  • intervention


(1)

(a) Except for an order, or portion thereof, denying the discretionary waiver of penalty or interest by the Department of Revenue, an appeal under ORS 305.275 (Persons who may appeal due to acts or omissions) may be taken by filing a complaint with the clerk of the Oregon Tax Court at its principal office at Salem, Oregon, within the time required under ORS 305.280 (Time for filing appeals).

(b)

The clerk of the tax court shall serve copies of all complaints and petitions on the Department of Revenue. Service upon the department shall be accomplished by the clerk of the tax court filing the copy of the complaint with the Director of the Department of Revenue. Except as otherwise provided by law, other service shall be accomplished as provided in the rules of practice and procedure promulgated by the tax court.

(c)

(A) The complaint shall be entitled in the name of the person filing the same as plaintiff and the Department of Revenue, county, taxpayer or other person or entity as defendant. If the complaint relates to value of property for ad valorem property tax purposes and the county has made the appraisal, the complaint shall be entitled in the name of the person filing the same as plaintiff and the county assessor as defendant.

(B)

If any, a copy of the order of the department or board of property tax appeals shall be attached to the complaint.

(2)

The complaint shall state the nature of the plaintiff’s interest, the facts showing how the plaintiff is aggrieved and directly affected by the order, act, omission or determination and the grounds upon which the plaintiff contends the order, act, omission or determination should be reversed or modified. A responsive pleading shall be required of the defendant.

(3)

In any case in which the taxpayer is not the appealing party, a copy of the complaint shall be served upon the taxpayer by the appealing party by certified mail within the period for filing an appeal, and an affidavit showing such service shall be filed with the clerk of the tax court. A copy of the order of the department, if any, shall be attached to the complaint. The taxpayer shall have the right to appear and be heard.

(4)

(a) At any time in the course of any appeal before the tax court, the department may intervene as a matter of right. A copy of any order or judgment issued by the tax court in any case in which the department is an intervenor shall be served upon the department in the manner provided in subsection (1)(b) of this section.

(b)

The tax court, in its discretion, may permit other interested persons to intervene by filing a complaint in such manner and under such conditions as the court may deem appropriate. [1977 c.870 §10; 1989 c.760 §3; 1991 c.459 §23; 1993 c.270 §16; 1995 c.650 §10; 1997 c.541 §71; 2005 c.225 §4]

Notes of Decisions

"Pursuant to this chapter" refers to all appeal rights governed by ORS chapter 305 procedures regardless of chapter under which appeal right is created. J.R. Simplot Co. v. Dept. of Rev., 11 OTR 309 (1989)

Where department fails to act on appeal seeking correction of error under ORS 306.115, failure is not treated as denial of appeal. J.R. Simplot Co. v. Dept. of Rev., 11 OTR 309 (1989)

Forty-five-day period for appeal from order or notice of assessment begins with actual receipt of notice or order. U.S. West Communications, Inc. v. Dept. of Rev., 12 OTR 322 (1992)

Sixty-day appeal period for decisions of department begins to run on date decision is mailed. Mongeon v. Dept. of Revenue, 319 Or 303, 876 P2d 752 (1994)

Service of notice on nonappealing taxpayer within specified time limit is mandatory to perfect appeal unless taxpayer elects to waive enforcement of requirement. Multnomah County v. Dept. of Revenue, 13 OTR 422 (1995), aff'd 325 Or 230, 935 P2d 426 (1997); Tosterud v. Ellis, 329 Or 439, 988 P2d 377 (1999)

"Taxpayer" to be served and having right of appearance is person who pays taxes on subject property. Tosterud v. Ellis, 14 OTR 367 (1998), aff'd 329 Or 439, 988 P2d 377 (1999)

Chapter 305

Notes of Decisions

Policy of efficient and effective tax collection makes doctrine of estoppel against government in tax cases one of rare application. Pacific Conference v. Dept. of Rev., 7 OTR 429 (1978)

Law Review Citations

9 WLJ 193-260 (1973); 48 WLR 147 (2011)


Source

Last accessed
Jun. 26, 2021