DEPT. OF REV. v. KELLY

TC 4829.

19 OTR 559 (2009)

DEPARTMENT OF REVENUE, Plaintiff, v. Cassandra K. KELLY, Defendant.

Oregon Tax Court, Regular Division.

April 21, 2009.


Attorney(s) appearing for the Case

Keith L. Kutler , Assistant Attorney General, Department of Justice, Salem, Oregon, filed the motion and argued the cause for Plaintiff (department).

Hertsel Shadian , Portland, filed the motion and argued the cause for Defendant (taxpayer).


Decision for Defendant rendered April 21, 2009.

HENRY C. BREITHAUPT, Judge.

I. INTRODUCTION

This matter is before the court on cross-motions for summary judgment and stipulated facts filed by Plaintiff (department) and Defendant (taxpayer).

II. FACTS

Taxpayer lives in Portland, Oregon. In 2005, taxpayer individually filed and was approved for property tax deferral pursuant to ORS 311.666 to 311.701.

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