ORS 305.560¹
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 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 (General supervision over property tax system), 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)

1 Legislative Counsel Committee, CHAPTER 305—Administration of Revenue and Tax Laws; Appeals, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors305.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 305, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­305ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information