2015 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
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]
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