REEVE v. DEPARTMENT OF REVENUE

(OTC 4416, 4417; SC S47664)

37 P.3d 981 (2001)

333 Or. 190

Edward J. REEVE and Elizabeth K. Reeve, Appellants, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent. Steven B. Tubbs and Linda M. Tubbs, Appellants, v. Department of Revenue, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided December 28, 2001.


Attorney(s) appearing for the Case

Marc K. Sellers, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the briefs for appellants.

Jerry Bronner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Hardy Myers, Attorney General.


BALMER, J.

The issue in this tax case is whether income that Washington resident taxpayers derived from an Oregon partnership is subject to Oregon tax. On cross-motions for summary judgment, the Oregon Tax Court concluded that the income is taxable in Oregon. Reeve/Tubbs v. Dept. of Rev., 15 OTR 148, 2000 WL 547032 (2000). Taxpayers have appealed and, for the reasons that follow, we affirm.

The following facts are undisputed. In 1993, the tax year at...

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