Legal Opinion

Christian v. Department of Revenue

Oregon Supreme Court

Decided September 5, 1974PublishedCited by 20 opinions

1Opinion of the CourtHowell, J.

This suit was brought in the Oregon Tax Court seeking to reverse a ruling by the Department of Revenue denying loss carryback and carryforward deductions to the taxpayer. Plaintiffs suffered a net operating loss in 1969. They attempted to carry that loss back as a deduction to income earned in 1967 and 1968 or, in the alternative, to carry it over to 1970. The defendant demurred to the complaint on the grounds that it failed to state a cause of suit. The tax court sustained the demurrer and dismissed the suit. 5 OTR Adv Sh 364 (1974). We reverse.

The purpose of the carryforward and carryback…

2Cases cited4 opinions

  1. Reo Motors, Inc. v. CommissionerSupreme Court of the United States · 1950
  2. Blyth & Co., Inc. v. City of PortlandOregon Supreme Court · 1955
  3. Miller v. Department of RevenueOregon Tax Court · 1974
  4. Royle v. CurrieSupreme Court of North Carolina · 1959

3Cited by20 opinions

  1. Production Credit Ass'n v. Department of TreasuryMichigan Supreme Court · 1978
  2. Denniston v. Department of RevenueOregon Supreme Court · 1979
  3. Jeddeloh v. Department of RevenueOregon Supreme Court · 1978
  4. Higgins v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1996
  5. Lufkin v. Department of RevenueOregon Tax Court · 1990

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