305.120
Enforcement of tax laws.
(1) The Department of Revenue shall see that revenue officers comply with the
tax and revenue laws, that all taxes are collected, that complaint is made
against any person violating such laws and that penalties prescribed by such
laws are enforced.
(2) The Director
of the Department of Revenue may call upon the district attorney or Attorney
General to institute and conduct prosecutions for violations of the laws in
respect to the assessment and taxation of property and the collection of public
taxes and revenues. [Formerly 306.140]
Notes of Decisions
Christensen II v. Dept. of Rev., 23 Or. Tax 155 (Or. T.C. 2018).
· cites it 4× “050 (conduct, supervise, and manage procurement for the agency in accordance with the procurement code and administrative rule); ORS 305.120 (request assistance to institute and conduct prosecutions for violations of the laws in respect to the collection of public taxes and…”
Mt. Sexton Props., Inc. v. Dep't of Revenue, 760 P.2d 1320 (Or. 1988).
“We note that Josephine County argued that it need not be named as a party because: “Josephine County taxing authorities are subject to the supervision of the Department of Revenue regarding administration of the tax laws, and particularly regarding those matters raised by…”
Comcast Corp. IV v. Dept. of Rev. (TC 4909), 22 Or. Tax 442 (Or. T.C. 2017).
“ORS 305.120; ORS 308.515. Accordingly, if it determines that a taxpayer is subject to central assessment and taxation, the department is required to centrally assess the property of that taxpayer.”
Sch. Dist. No. 1 v. Multnomah Cnty., 9 Or. Tax 371 (Or. T.C. 1983).
“Is the “unsegregated tax account” a “specific fund”? Because the statutes involved in this matter are within the responsibility of the Department of Revenue, by virtue of ORS 305.120, and the department had representatives present during the legislative hearings on the statutes…”
Christensen v. Dept. of Rev. (Or. T.C. 2016).
· cites it 2× “) Plaintiff asserts “ORS 305.120 is an administrative statute delegating general duties to an executive branch; it does not authorize the Department to violate taxpayer rights and it has no FINAL DECISION OF DISMISSAL TC-MD 150447C 5 bearing on jurisdiction.”
Santa Fe Nat. Tobacco Co. v. Dept. of Rev. (Or. T.C. 2019).
· cites it 2× “ORS 305.120. To that end, it is authorized to issue warrants for the collection of tax “with the added penalties, interest and any collection charge incurred.”
Lamb-Weston, Inc. v. Dep't of Revenue, 11 Or. Tax 355 (Or. T.C. 1990).
“ORS 305.120. Defendant is commanded to supervise the administration of the property tax laws: “[S]o that all properties are taxed or are exempted from taxation according to the statutes and Constitutions of the State of Oregon and of the United States.”
Mohtadi v. Dep't of Revenue (Or. T.C. 2014).
“]” ORS 305.120(1). The court is not aware of any authority granted it by the legislature to oversee income tax collection matters or grant a taxpayer’s request for a payment plan.”
City of Eugene v. Dep't of Revenue, 13 Or. Tax 120 (Or. T.C. 1994).
“105) and to see that revenue officers comply with the tax and revenue laws (ORS 305.120). Plaintiffs’ arguments also miss the mark because defendant did not seek a determination of the effect of section lib upon plaintiffs’ tax levy, lb the contrary, defendant made its own…”
Or. Rev. Stat. § 305.120(1): 3 cases
Christensen II v. Dept. of Rev., 23 Or. Tax 155 (Or. T.C. 2018).
“050 (conduct, supervise, and manage procurement for the agency in accordance with the procurement code and administrative rule); ORS 305.120 (request assistance to institute and conduct prosecutions for violations of the laws in respect to the collection of public taxes and…”
Christensen v. Dept. of Rev. (Or. T.C. 2016).
“) Plaintiff asserts “ORS 305.120 is an administrative statute delegating general duties to an executive branch; it does not authorize the Department to violate taxpayer rights and it has no FINAL DECISION OF DISMISSAL TC-MD 150447C 5 bearing on jurisdiction.”
Mohtadi v. Dep't of Revenue (Or. T.C. 2014).
“]” ORS 305.120(1). The court is not aware of any authority granted it by the legislature to oversee income tax collection matters or grant a taxpayer’s request for a payment plan.”
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