305.150
Closing agreements.
(1) The Department of Revenue is authorized to enter into an agreement in
writing with any person relating to the liability of such person, or of the
person or estate for whom the person acts, for any taxable period open to
adjustment under the pertinent statutes of limitation, in respect of any
revenue measure which the department is required to administer.
(2) Such
agreement shall be final and conclusive on the date agreed to, and, except upon
a showing of fraud or malfeasance or misrepresentation of a material fact, the
question, issue or case shall not be reopened as to the matters agreed upon,
and, in any action, suit or proceeding, such agreement, or any determination,
assessment, collection, refund, abatement or credit made in accordance
therewith shall not be annulled, modified, set aside or disregarded. [Formerly
306.720; 1969 c.520 §26]
Notes of Decisions
Christensen II v. Dept. of Rev., 23 Or. Tax 155 (Or. T.C. 2018).
“100), and the authority to enter into settlements with taxpayers as to the amount of tax owed (see ORS 305.150). 8 See, e.g., ORS 118.300 (approve sureties for deferred payment of estate tax); ORS 279A.”
Lottis v. State Tax Comm'n, 2 Or. Tax 434 (Or. T.C. 1966).
“The plaintiffs point to ORS 305.150 which gives the State Tax Commission authority to enter into closing agreements which are binding on the state.”
Badi'i v. Dep't of Revenue (Or. T.C. 2012).
“If the allowance of a credit or refund of an overpayment of tax attributable to a net operating loss carryback or a net capital loss carryback is otherwise prevented by the operation of any law or rule of law other than ORS 305.150, relating to closing agreements, such credit or…”
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