OAR 150-314-0010: Mitigation of Effect of Limitations and Other Provisions

The following rules shall apply: (1) For determinations made on or before December 31, 1970, regulations promulgated prior to December 31, 1970, for ORS 314.110, 314.120 and 314.130 shall apply. (2) For determinations made after December 31, 1970, paragraph (3) of this rule shall apply. (3) Since the purpose of ORS 314.105 to 314.135 is to follow as closely as possible the provisions of subtitle A, chapter 1, subchapter Q, Part II of the Internal Revenue Code, dealing with the mitigation or affect of limitations and other Provisions, federal regulations under sections 1311 to 1314 of the Internal Revenue Code are persuasive authority in the interpretation of the Oregon law. (4) Mitigation is not available solely due to a refund or deficiency arising as a result of a change in accounting method.