TC 5484•Single Mind Consulting, Inc. v. Dept. of Rev.
Gesamter Gesetzestext
ORDER STRIKING DEFENDANT’S COMPLAINT AND GRANTING DEFENDANT’S MOTION TO DISMISS TC 5484 Page 1 of 2 IN THE OREGON TAX COURT REGULAR DIVISION TriMet and Lane Transit District Payroll Taxes SINGLE MIND CONSULTING, INC., Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) TC 5484 ORDER STRIKING PLAINTIFF’S COMPLAINT AND GRANTING DEFENDANT’S MOTION TO DISMISS This matter is again before the court on Defendant’s Motion to Dismiss, filed on August 14, 2025. Defendant’s first ground for dismissal is that Plaintiff’s complaint is defective because Plaintiff is a legal entity that purported to file a complaint not signed by an Oregon-licensed attorney. Under ORS 9.320, a party other than a “natural person” may “appear[ ]” in court only by attorney unless a statutory exception applies.1 See also Tax Court Rule (TCR) 1 F(1) (“Entities including * * * corporations * * * must appear through an attorney unless a specific statutory exception applies.”). To “appear” includes filing a pleading, which includes a complaint. See, e.g., TCR 7 C(4)(a) (directing defendant served with summons to “appear” by filing a “motion” or “answer”) (internal quotation marks omitted); TCR 13 B (allowable pleadings include a complaint). All pleadings must be signed, and a pleading will be stricken if not signed “unless it is signed promptly after the omission is called to the attention of the pleader * * *.” TCR 17 A, B. 1 The court’s references to the Oregon Revised Statutes (ORS) are to the 2023 edition.
ORDER STRIKING DEFENDANT’S COMPLAINT AND GRANTING DEFENDANT’S MOTION TO DISMISS TC 5484 Page 2 of 2 In its order of September 3, 2025, the court directed Plaintiff to cure the defect in its complaint on or before September 15, 2025, by filing a complaint signed by an Oregon-licensed attorney. See Hartman v. Dept. of Rev., 19 OTR 571 (2009) (declining to strike legal entity’s complaint signed by non-attorney where attorney submitted signed copy two weeks after Defendant’s motion to dismiss). As of the date of this order, Plaintiff has not done so. After reviewing the motion and being fully advised of the premises, the court finds that Plaintiff’s complaint must be stricken and this case must be dismissed.2 Now, therefore, IT IS ORDERED that Defendant’s Motion to Dismiss is granted. Dated this 22nd day of September, 2025. 2 The court does not reach Defendant’s other asserted grounds for dismissal.
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