Bishop v. Department of Revenue

CARL N. BYERS, Judge.

Plaintiffs, California residents, appeal from assessments of income taxes for 1988 arising from the sale of an interest in an Oregon limited partnership. The Department of Revenue (department) assessed the taxes on the ground that the situs of the partnership interest was in Oregon, making the gain realized on the sale taxable by Oregon. The matter is before the court on plaintiffs’ cross Motion for Summary Judgment and the department’s Partial [sic] Motion for Summary Judgment.

Effective November 1, 1985, plaintiff Gary Bishop (taxpayer) entered into an Oregon limited…