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POWEREX CORP. v. DEPARTMENT OF REVENUE

TC 4800; SC S060859.

346 P.3d 476 (2015)

357 Or. 40

POWEREX CORPORATION, Plaintiff-Respondent, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant-Appellant.

Supreme Court of Oregon, En Banc.

Decided March 26, 2015.

Attorney(s) appearing for the Case

Marilyn Harbur, Assistant Attorney General, Salem, argued the cause and filed the briefs for appellant. With her on the briefs was Ellen F. Rosenblum, Attorney General.

Eric J. Coffill, Morrison & Foerster LLP, Sacramento, California, argued the cause and filed the brief for respondent. With him on the brief were Jenny Choi and Carol Vogt Lavine, Gladstone, Oregon.

Scott G. Seidman, Tonkon Torp LLP, Portland, filed the briefs for amicus curiae Portland General Electric Company. With him on the briefs was Michael J. Millender.

The judgment of the Tax Court is affirmed in part and reversed in part. The case is remanded for proceedings consistent with this opinion.

Powerex wholesales natural gas and electricity to purchasers throughout the western part of North America. The question in this case is how much of Powerex's income may Oregon tax. Under the...

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