Oregon Supreme Court

Jimenez v. Dept. of Rev.

December 15, 2022370 Or. 543

Summary

The Oregon Supreme Court affirmed the Tax Court’s $4,000 penalty, holding that the IRS refund was not an objectively reasonable basis for the taxpayers’ position and that ORS 305.437 does not require every position to be frivolous before a penalty may be imposed; the Tax Court may also set its own penalty amount de novo.