Union Pacific Railroad v. State Tax Commission

The Tax Commission appeals from a decision of the Tax Court which construed ORS 317.074 as applied to the tax years 1956, 1957, and 1958 and granted refunds to a group of similarly situated railroads. The several cases are consolidated here as they were below. The Tax Court decision is reported in 1 OTR Adv Sh 527 (1964).

All the taxpayers were centrally assessed corporations engaged as common carriers in interstate and intrastate commerce. During the years in question the taxpayers were required to compute their net income for Oregon excise tax purposes according to the provisions of ORS…