Oregon Statutes 116.323 – Apportionment proceedings; equitable apportionment; penalties and interest; court determination
(1) The court in which the administration of the estate is proceeding may on petition for the purpose determine the apportionment of the tax.
Terms Used In Oregon Statutes 116.323
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
(2) If the court finds that it is inequitable to apportion interest and penalties in the manner provided in ORS § 116.313 because of special circumstances, it may direct apportionment thereof in the manner it finds equitable.
(3) If the court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the personal representative, the court may charge the personal representative with the amount of the assessed penalties and interest.
(4) In any suit or judicial proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with ORS § 116.303 to 116.383, the determination of the probate court in respect thereto is prima facie correct. [1969 c.591 § 196]
[Repealed by 1969 c.591 § 305]
[Repealed by 1969 c.591 § 305]