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ANACONDA CO. v. DEPARTMENT OF REVENUE

565 P.2d 1084 (1977)

278 Or. 723

THE ANACONDA COMPANY (SUCCESSOR BY MERGER TO THE ANACONDA WIRE AND CABLE COMPANY AND THE ANACONDA AMERICAN BRASS COMPANY), Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided June 28, 1977.

Attorney(s) appearing for the Case

Milo E. Ormseth, Portland, argued the cause for appellant. With him on the briefs were Joel D. Kuntz, Davies, Biggs, Strayer, Stoel & Boley.

Walter J. Apley, Asst. Atty. Gen., argued the cause for respondent. With him on the brief was James A. Redden, Atty. Gen., Salem.

LINDE, Justice.

Plaintiff appeals from a decision of the Tax Court sustaining a tax deficiency assessment ordered by the Department of Revenue. Anaconda Co. v. Dept. of Revenue, 6 OTR 475 (1976). The main issue presented is the effect of the department's noncompliance with the statute entitling the taxpayer upon request to confer with the department before a final assessment is made.

The department began an audit of an Anaconda subsidiary, the Anaconda...

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