Patty v. Department of Revenue

Carlisle B. Roberts, Judge.

The plaintiffs appeal from the Department of Revenue’s Order No. 1-73-9, dated February 13, 1973, assessing a deficiency in plaintiffs’ income tax for the year 1969.

The facts have been stipulated by the parties and the case submitted on briefs.

In 1966, the plaintiffs sold their California home and moved to Oregon. A gain of $11,123 was realized on the sale of the California residence, but it was deferred and the original basis carried forward for federal income tax purposes. The taxpayers purchased and occupied a new residence in Oregon within the time prescribed by…