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TEKTRONIX, INC. v. DEPARTMENT OF REVENUE

TC 4951; SC S060912.

316 P.3d 276 (2013)

354 Or. 531

TEKTRONIX, INC., & Subsidiaries, Plaintiff-Respondent, v. DEPARTMENT OF REVENUE, Defendant-Appellant.

Supreme Court of Oregon, En Banc.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Marilyn J. Harbur , Senior Assistant Attorney General, Salem, argued the cause and filed the brief for defendant-appellant. With her on the brief were Ellen F. Rosenblum , Attorney General, and Douglas M. Adair , Senior Assistant Attorney General.

Robert T. Manicke , Stoel Rives LLP, Portland, argued the cause and filed the brief for plaintiff-respondent. With him on the brief were Eric J. Kodesch and Brad S. Daniels.

WALTERS, J.

This case is before us on direct appeal from a general judgment of the Tax Court. See ORS 305.445 (authorizing such appeals). In 2006, the Department of Revenue (department) issued a notice of deficiency against Tektronix, Inc. (taxpayer) for $3.7 million in additional tax for taxpayer's 1999 tax year. Taxpayer contended that (1) the statute of limitations barred the department from assessing that deficiency, and (2) in any event, the department...

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