Oregon Tax Court November 14, 2000, TC 4476 (Freeman v. Department of Revenue)

CARL N. BYERS, Judge.

Plaintiffs (taxpayers) appeal from a magistrate Decision upholding Defendant Department of Revenue’s (the department) assessment of additional income taxes for 1994. Taxpayers claim that a loss incurred in 1994 should not be characterized by the 1989 transaction out of which it arose.