Pearce v. Department of Revenue, Tc-Md 100892c (or.tax 10-31-2011)

DECISION

Plaintiffs appeal from Defendant's determination upholding Notices of Deficiency for tax years 2006 and 2007. This court decided this case on Defendant's Motion for Summary Judgment. Plaintiffs were represented by Thomas K. Rackerby, Certified Public Accountant. Defendant was represented by Peggy Ellis, Tax Auditor.

I. STATEMENT OF FACTS

Plaintiffs own rental properties that qualify for depreciation deductions under federal and Oregon law. (Ptfs' Compl at 4-5.) Those properties are ordinarily depreciable on the 39-year schedule applicable to buildings. (Id. at 5.) In order to…