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ANN SACKS TILE & STONE v. DEPT. OF REVENUE

(TC 4879; SC S060039).

287 P.3d 1062 (2012)

352 Or. 380

ANN SACKS TILE AND STONE, INC.; Canac Kitchens U.S. Limited; and Kohler Rental Power, Inc., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant-Respondent.

Supreme Court of Oregon, En Banc.

Decided September 20, 2012.

Attorney(s) appearing for the Case

Denise G. Fjordbeck , Assistant Attorney General, Salem, filed the motion and response for respondent. With her were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

James N. Westwood , Stoel Rives LLP, Portland, filed the response for appellants. With him were Robert T. Manicke and Eric J. Kodesch , Portland, and Hebert Odell , Philip Karter , and Steward Weintraub , Chamberlain, Ardlicka, White, Williams & Martin, West Conshohocken, Pennsylvania.

BALMER, C.J.

Three parties — Ann Sacks Tile and Stone, Inc.; Canac Kitchen U.S. Limited; and Koehler Rental Power, Inc. (taxpayers) — appealed directly to this court from a general judgment against them by the Oregon Tax Court. The Department of Revenue responded with a motion to determine jurisdiction, asking this court to determine whether a defect in the manner in which taxpayers had served their notice of appeal on the department deprived this court...

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