Items of particular interest from the court docs:
Quote 1:
***The contract does identify a RaPower3 "Sponsor" named Roger Freeborn.***
Quote 2:
***The undated letter is signed by a Greg Shepard (Shepard), who is identified as Director of
Operations. Shepard was not present at trial and did not testify.***
Quote 3:
***Pursuant to ORS 316.007, it is the stated intent of the Oregon legislature to make this
state’s personal income tax system effectively identical to the provisions of the federal Internal
Revenue Code (IRC). ORS 316.048 incorporates the provisions of the federal IRC, with certain
exceptions not here implicated. Additionally, the US Supreme Court has declared that the
"objective economic realities of a transaction rather than the particular form [that] the
parties employ[]" form the basis for determining taxes.***
Oregon's "stated intent" is to be identical to the Federal Internal Revenue Code. Which means, a similar case in a Federal Court should result in a similar ruling.
But, you never can tell. It's all up to interpretation. However, this case could very well set a precedent for other RaPower3 tax filers in the State of Oregon.
Have cases like this been decided in other states, too?
Sure is a pretty day.
TED