Oregon Statutes - Chapter 305 - Administration of Revenue and Tax Laws; Appeals - Section 305.418 - When mailed complaint considered to be filed.

Any complaint required by law to be filed with the Oregon Tax Court that is:

(1) Transmitted through the United States mail, shall be deemed filed (a) on the date shown by the post-office cancellation mark stamped upon the envelope containing it, or (b) on the date it was mailed if there is also mailed to the tax court a declaration of mailing, signed by the appealing party or the attorney of the appealing party and verified by oath or affirmation, subject to penalties for false swearing, in substantially the following form:

______________________________________________________________________________

DECLARATION OF MAILING

I hereby declare under the penalties for false swearing contained in ORS chapter 162 that on the ______ day of ______, 2__, I deposited a complaint entitled ______, and dated ______, in a sealed envelope, with postage prepaid, in the United States Post Office at ____________, Oregon (or other state of mailing), addressed to the Oregon Tax Court, 1163 State Street, Salem, Oregon 97301-2563 (or current address).

(Signature of appealing

party or the attorney

of the appealing party)

______________________________________________________________________________

(2) Lost in transmission through the United States mail, shall be deemed filed on the date it was mailed if the appealing party:

(a) Can establish by competent evidence satisfactory to the tax court that the complaint was deposited on or before the date due for filing in the United States mail and addressed correctly to the court; and

(b) Files with the court a duplicate of the lost complaint within 30 days after written notification is given by the court of its failure to receive such complaint, but in no event later than 90 days after the date the complaint was otherwise required to be filed under ORS 305.560. [1975 c.381 §2; 1979 c.689 §3; 1993 c.612 §3; 2005 c.225 §3]

Section:  Previous  305.400  305.403  305.404  305.405  305.410  305.412  305.415  305.418  305.419  305.420  305.422  305.425  305.427  305.430  305.435  Next

Last modified: August 7, 2008