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DEPT. OF REV. v. BUTTE CREEK ASSOCIATES I

TC 4676.

19 OTR 1 (2006)

DEPARTMENT OF REVENUE, Plaintiff, v. BUTTE CREEK ASSOCIATES, Defendant.

Tax Court of Oregon, Regular Division.

April 26, 2006.

Attorney(s) appearing for the Case

Douglas M. Adair , Assistant Attorney General, Department of Justice, Salem, argued the cause for Plaintiff (the department).

W. Scott Phinney , Lake Oswego, argued the cause for Defendant (the taxpayer).

Decision for Defendant was rendered April 26, 2006.

Motion for Reconsideration granted July 20, 2006. See Dept. of Rev. v. Butte Creek Associates II, 19 OTR 110 (2006).

I. INTRODUCTION

This matter is before the court for decision after trial, with a stipulation as to certain facts.

II. FACTS

To set this case in proper context, it is useful to first lay out the relevant background. As evidenced by a series of decisions from this court and the Supreme Court...

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