Chapter 317

NOTES OF DECISIONS

Congress is empowered by Commerce Clause, U.S. Const. Art. I, Section VIII, to place three year moratorium on “doing business” taxes imposed by states on federally insured savings and loan associations which do not have their principal place of business in taxing state. Pac. First Fed. Savings & Loan v. Dept. of Rev., 293 Or 138, 645 P2d 27 (1982)

For purposes of claim preclusion, all issues regarding taxpayer’s corporate excise tax liability for tax year constitute same claim. U.S. Bancorp v. Dept. of Revenue, 15 OTR 13 (1999)

317.010

NOTES OF DECISIONS

Oregon corporation excise tax is franchise tax on privilege of doing business in Oregon and not tax on property used to conduct business. Pacific First Federal v. Dept. of Rev., 11 OTR 96 (1988), aff’d, 308 Or 332, 779 P2d 1033 (1989)

317.018

NOTES OF DECISIONS

Adoption of federal accounting practices requires allowing recognition of unrealized foreign currency exchange losses not otherwise allowable under Oregon tax laws. Atlantic Richfield Co. v. Dept. of Revenue, 13 OTR 398 (1995)

State tax law is not intended to track federal tax law with regard to granting of exempt status. Healthguard Services, Inc. v. Dept. of Revenue, 13 OTR 415 (1995)

317.070

NOTES OF DECISIONS

Where plaintiff’s business was purchase and sale of commodity futures contracts for its customers on commission basis, its principal place of business was in Illinois and where person in Oregon operated under plaintiff’s name, represented himself to clients as vice president of plaintiff and put clients in touch with plaintiff, person was plaintiff’s agent and plaintiff was doing business in Oregon for purposes of corporate excise tax. Gelderman and Company, Inc. v. Dept of Rev., 10 OTR 249 (1985)

ATTY. GEN. OPINIONS: Construing “primarily,” (1972) Vol 35, p 1208

317.080

NOTES OF DECISIONS

Nonprofit, cooperative bookstore operated as integral part of university and organized to further educational purposes satisfied requirements for tax exempt status. University of Ore. Co-Operative Store v. Dept. of Rev., 273 Or 539, 542 P2d 900 (1975)

317.104

NOTE: Repealed November 4, 1993; ORS 315.354 enacted in lieu

See annotations under ORS 315.354.

317.111

ATTY. GEN. OPINIONS: Subsidized low interest loans for weatherization, (1977) Vol 38, p 1156

317.116

NOTE: Repealed November 4, 1993; ORS 315.304 enacted in lieu

See annotations under ORS 315.304.

317.349

NOTES OF DECISIONS

Sale of tax benefits was not exempt from taxation under “Safe Harbor” lease provisions of IRC section 168 (f)(8) (1981), but had substance and was recognized as recovery of basis and plaintiff’s adjusted basis in equipment was reduced accordingly. PGE v. Dept. of Rev., 11 OTR 78 (1988)

317.374

See annotations under ORS 317.290 in permanent edition.

317.476

See annotations under ORS 317.297 in permanent edition.

317.660

NOTES OF DECISIONS

Where application of apportionment formula to income of particular taxpayer violates due process, lack of authorized alternative formula prevents collection of tax beyond minimum tax under ORS 317.090. Stonebridge Life Insurance Co. v. Dept. of Revenue, 18 OTR 423 (2006), on reconsideration 18 OTR 461 (2006)

317.705

NOTES OF DECISIONS

Broadcasting and cable television businesses are not unified to degree required to be treated as single business, but cable subsidiary is part of unitary group headed by communication company. Cox Cablevision Corp. v. Dept. of Rev., 12 OTR 219 (1992)

317.715

NOTES OF DECISIONS

Where unitary group that filed consolidated federal income tax return included member that is exempt from state corporate excise tax, group member that is subject to state corporate excise tax must include income of exempt member when reporting unitary income of group for purposes of state corporate excise tax. Dept. of Revenue v. Penn Independent Corp., 15 OTR 68 (1999)

317.850

See annotations under ORS 317.590 in permanent edition.