71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1240
 
                         House Bill 2273
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Revenue)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows amendment or adjustment of report or return, claim for
refund or assessment of tax that has been subject of court appeal
with respect to any particular of return except particular that
was subject of appeal.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to taxation; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 305. + }
  SECTION 2.  { + (1) If a report or return required to be filed
with the Department of Revenue, a tax payment or a tax liability
is the subject of an appeal to the Oregon Tax Court or the Oregon
Supreme Court, the resolution of the appeal by the issuance of a
court order:
  (a) Precludes an amendment or adjustment of the report or
return, a claim for refund or an assessment of additional tax
with respect to the particulars of the return that were the
subject of the court order; and
  (b) Does not preclude an amendment or adjustment of the report
or return, a claim for refund or an assessment of additional tax
within the time otherwise prescribed by law with respect to any
other particulars of the return.
  (2) For purposes of this section, the particulars of a return
include but are not limited to:
  (a) Items of income, expense, deduction, exclusion and credit;
  (b) Allocation or apportionment;
  (c) Accounting method; or
  (d) Filing status. + }
  SECTION 3.  { + Section 2 of this 2001 Act applies to
amendments or adjustments of reports or returns, claims for
refund or assessments of additional tax made on or after the
effective date of this 2001 Act. + }
  SECTION 4.  { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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