(1) If a determination is described in ORS § 314.125 and, on the date of the determination, correction of the effect of the error referred to in the applicable provision of ORS § 314.125 is prevented by the operation of any law or rule of law other than ORS § 314.105 to 314.135 and other than ORS § 305.150, then the effect of the error shall be corrected by an adjustment made in the amount and in the manner specified in ORS § 314.135.

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(2) Except in cases described in ORS § 314.125 (3)(b) and (4), an adjustment shall be made under this section only if:

(a) In case the amount of the adjustment would be credited or refunded in the same manner as an overpayment under ORS § 314.135, there is adopted in the determination a position maintained by the Department of Revenue; or

(b) In case the amount of the adjustment would be assessed and collected in the same manner as a deficiency under ORS § 314.135, there is adopted in the determination a position maintained by the taxpayer with respect to whom the determination is made, and the position maintained by the department in the case described in paragraph (a) of this subsection or maintained by the taxpayer in the case described in this paragraph is inconsistent with the erroneous inclusion, exclusion, omission, allowance, disallowance, recognition, or nonrecognition, as the case may be.

(3) In the case of a determination described in ORS § 314.125 (3)(b) (relating to certain exclusions from income), adjustment shall be made under this section only if assessment of a deficiency for the taxable year in which the item is includable or against the related taxpayer was not barred, by any law or rule of law, at the time the department first maintained, in a notice of deficiency sent pursuant to ORS § 305.265 or before the Oregon Tax Court, that the item described in ORS § 314.125 (3)(b) should be included in the gross income of the taxpayer for the taxable year to which the determination relates.

(4) In the case of a determination described in ORS § 314.125 (4) (relating to disallowance of certain deductions and credits), adjustment shall be made under ORS § 314.105 to 314.135 only if credit or refund of the overpayment attributable to the deduction or credit described in ORS § 314.125 that should have been allowed to the taxpayer or related taxpayer was not barred, by any law or rule of law, at the time the taxpayer first maintained before the department or before the Oregon Tax Court, in writing, that the taxpayer was entitled to such deduction or credit for the taxable year to which the determination relates.

(5) In case the amount of the adjustment would be assessed and collected in the same manner as a deficiency (except for cases described in ORS § 314.125 (3)(b)), the adjustment shall not be made with respect to a related taxpayer unless the related taxpayer stands in such relationship to the taxpayer at the time the latter first maintains the inconsistent position in a return, claim for refund, or complaint in the Oregon Tax Court for the taxable year with respect to which the determination is made, or if such position is not so maintained, then at the time of determination. [1971 c.248 § 3; 1979 c.689 § 24; 1997 c.325 § 33; 2005 c.94 § 76]

[1953 c.702 § 2; repealed by 1971 c.248 § 6]