Powerex Corp. v. Department of Revenue

Powerex wholesales natural gas and electricity to purchasers throughout the western part of North America. The question in this case is how much of Powerex’s income may Oregon tax. Under the terms of a uniform statute that Oregon has adopted, the answer to that question turns on the extent to which Powerex’s sales of natural gas and electricity were “in this state.” ORS 314.665(1). For the reasons explained below, we agree with the Tax Court that none of Powerex’s natural gas sales occurred in Oregon. However, we do not necessarily agree with the Tax Court that none of Powerex’s electricity…