Thomsen v. DOR

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IN THE MAGISTRATE DIVISION OF THE OREGON TAX COURT Small Claims Income Tax SHANE L. THOMSEN, Plaintiff, v. DEPARTMENT OF REVENUE, STATE OF OREGON, Defendant. ) ) ) ) ) ) ) ) ) ) No. 000899E DECISION AND JUDGMENT Plaintiff appeals defendant's Notice of Proposed Refund Adjustment for the 1999 tax year claiming he is entitled to an additional refund of $369.20. During the case management conference held August 29, 2000, defendant recommended allowing an additional refund of $197 (for a total refund of $1,181). Plaintiff failed to appear for the conference. As a result, the court sent plaintiff a letter outlining defendant s proposal. The letter advised that, if the court did not receive a written objection to defendant s recommendation by September 12, 2000, the court would accept defendant s recommendation and enter judgment accordingly. This date has passed without plaintiff submitting a written objection. As a consequence, the court accepts defendant s recommendation. Now, therefore; IT IS HEREBY ADJUDGED AND DECREED that defendant shall modify its 1999 Notice of Proposed Refund Adjustment, dated March 27, 2000, to reflect a total /// /// refund due of $1,181. Because defendant has already credited plaintiff with a refund of DECISION AND JUDGMENT 1 $984, it shall issue to plaintiff an additional refund of $197. Dated this ____ day of September, 2000. ______________________________ COYREEN R. WEIDNER MAGISTRATE THIS DOCUMENT WAS SIGNED BY MAGISTRATE COYREEN R. WEIDNER ON SEPTEMBER 28, 2000. THE COURT FILED THIS DOCUMENT ON SEPTEMBER 28, 2000. DECISION AND JUDGMENT 2

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