MILLER v. DEPT. OF REVENUE

HOWELL, J.

This is a tax case in which the plaintiffs seek to carry back a net operating loss suffered in 1969 as a deduction to their 1967 income taxes and to carry back a loss suffered in 1970 as a deduction to their 1968 taxes. The Department of Revenue denied the deduction, and the Oregon Tax Court affirmed. 5 OTR 397 (1974).

This case is controlled by our decision in Christian v. Department of Revenue, 269 Or. 469, 526 P.2d 538 (1974).

Reversed.