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RUTH REALTY CO. v. STATE TAX COMMISSION

222 Or. 290 (1960)

353 P.2d 524

RUTH REALTY COMPANY v. STATE TAX COMMISSION

Supreme Court of Oregon.

Affirmed June 2, 1960.

Attorney(s) appearing for the Case

Donald H. Burnett, Assistant Attorney General, Salem, argued the cause for appellants. On the briefs were Robert Y. Thornton, Attorney General, Salem, Walter J. Apley, Assistant Attorney General, Salem, and Carlisle B. Roberts, Assistant Attorney General, Salem.

Thomas P. Deering, Portland, argued the cause for respondent. With him on the brief were Frederick H. Torp, Portland, and Hart, Spencer, McCulloch, Rockwood and Davies, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and KING, Justices.

AFFIRMED.

WARNER, J.

This is an appeal by the State Tax Commission from a decree of the Circuit Court of Multnomah County in favor of plaintiff, Ruth Realty Company, an Oregon corporation (hereinafter called Ruth), having as its principal business function the promotion of railway traffic for its parent corporation, the Spokane, Portland and Seattle Railway Company.

The tax problem presented arises out of sales by Ruth of two separate tracts of timber...

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