Appeal from Oregon Tax Court. Carlisle B. Roberts, Judge.
John B. Crowell, Jr., Portland, argued the cause for appellant. With him on the briefs was Hugh K. Cole, Jr., Portland.
Donald C. Seymour, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and Theodore W. deLooze, Assistant Attorney General, Salem.
This is an appeal by plaintiff from a decree of the Tax Court denying plaintiff's claim for an exemption from real property taxes for the year 1970. We affirm.
The sole question presented is whether plaintiff is entitled to an exemption from ad valorem taxes for a building under construction on January 1, 1970, when the plaintiff had requested and received the exemption for the tax years 1968 and 1969.
The applicable statute ORS 307.330, allowing a two-year tax exemption for commercial facilities under construction, states, in pertinent part:
"307.330 Commercial facilities under construction. (1) Except for property centrally assessed by the Department of Revenue, each new building or structure or addition to an existing building or structure is exempt from taxation for each year of not more than two consecutive years if the building, structure or addition:
"(a) Is in the process of construction on January 1;
"(b) Is not in use or occupancy on January 1;
"(c) Has not been in use or occupancy at any time prior to such January 1 date;
"(d) Is being constructed in furtherance of the production of income; and
"(e) Is, in the case of nonmanufacturing facilities, to be first used or occupied not less than one year from the time construction commences. Construction shall not be deemed to have ...