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9th Circ. Says Ore. Property Tax Discriminates Against BNSF

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Says Ore. Property Tax Discriminates Against BNSF

9th Circ. Says Ore. Property Tax Discriminates Against BNSF

Law360 (July 8, 2020, 6:49 PM EDT) — Oregon’s property tax regime unfairly discriminated against BNSF Railway by subjecting the rail carrier to tax on its intangible property but not intangible property of other commercial and industrial companies, the Ninth Circuit ruled Wednesday.

The Ninth Circuit said Oregon’s property tax regime was “a discriminatory tax in disguise” for rail companies such as BNSF Railway. (AP) The three-judge panel found that Oregon’s tax on BNSF’s intangible personal property violates the federal Railroad Revitalization and Regulatory Reform Act, or 4-R Act, which protects railroad companies from discriminatory taxes. The appellate court rejected the Oregon Department of Revenue’s argument that the tax…

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