GUY F. ATKINSON CO. v. TAX COMMISSION


239 Or. 588 (1965)

399 P.2d 166

GUY F. ATKINSON COMPANY v. STATE TAX COMMISSION

Supreme Court of Oregon.

Affirmed February 17, 1965.


Attorney(s) appearing for the Case

Alfred B. Thomas, Assistant Attorney General, Salem, argued the cause for the appellant. With him on the brief were Robert Y. Thornton, Attorney General, and Theodore W. de Looze, Assistant Attorney General, Salem.

John R. Hay, Portland, argued the cause for respondent. With him on the brief were Stanley C. Urbigkeit and Rockwood, Davies, Biggs, Strayer and Stoel, Portland.

Before PERRY, Presiding Justice, and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.


AFFIRMED.

HOLMAN, J.

This is an appeal from a determination of the Tax Court that plaintiff was entitled to an offset against its corporate excise taxes in the years 1957 and 1958 for personal property taxes paid on specified types of its personal property located within the state, as provided by ORS 317.070 (2).

Subsection (2) of ORS 317.070 allows a personal property tax offset to corporations "primarily engaged in manufacturing, processing or assembling...

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