Opinion
TC-MD 140038C
05-06-2014
DALE W. SCHULTZ and NANCY V. LARSON, Plaintiffs v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
FINAL DECISION
DAN ROBINSON MAGISTRATE JUDGE
The court entered its Decision in the above-entitled matter on April 17, 2014. The court did not receive a request for an award of costs and disbursements (TCR-MD 19) within 14 days after its Decision was entered. The court's Final Decision incorporates its Decision without change.
Plaintiffs appeal Defendant's Notices of Deficiency Assessment dated October 15, 2013, and November 12, 2013, for the 2009 and 2010 tax years. The parties appeared at a case management conference on April 14, 2014. Dale W. Schultz appeared for Plaintiffs and Dane Palmer on behalf of Defendant. During the case management conference, the parties entered into a verbal stipulation resolving the issues in this appeal as outlined below. Now, therefore, IT IS THE DECISION OF THIS COURT that for tax year 2009 Defendant will allow a $603 Schedule A contribution deduction that it previously disallowed.
IT IS FURTHER DECIDED that for tax year 2009 Defendant will accept Plaintiffs' reported Schedule A deduction for property taxes in the amount of $3, 154.
IT IS FURTHER DECIDED that for tax year 2009 Defendant will allow an additional property tax deduction of $3, 498 on Plaintiffs' federal Schedule E.
IT IS FURTHER DECIDED that for tax year 2009 Defendant will reverse its audit adjustment increase to “other income” by $3, 063.
IT IS FURTHER DECIDED that for tax year 2010 Defendant will decrease Plaintiffs' federal taxable income (1040) by $825, for interest earned on foreign bonds.
IT IS FURTHER DECIDED that for tax year 2010 Defendant will allow a $750 Schedule A deduction for the gift of hay Plaintiffs reported on their 2010 return that Defendant previously disallowed. The parties agree that the allowance of that deduction for 2010 is not binding on other tax years not part of the present appeal.
IT IS FURTHER DECIDED that for tax year 2010 Defendant agrees to allow Plaintiffs' Schedule A deduction for property taxes in the amount of $3, 205.
IT IS FURTHER DECIDED that for tax year 2010 Defendant will decrease Plaintiffs' Schedule E income by $5, 093.