BARNUM v. DEPARTMENT OF REVENUE


530 P.2d 28 (1974)

Roberta P. BARNUM, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Supreme Court of Oregon.

Decided December 31, 1974.


Attorney(s) appearing for the Case

William L. Dickson, Portland, argued the cause for appellant. With him on the briefs were Pozzi, Wilson & Atchison, Portland, and Alexander Schneider and Robert B. Carlson, of Schneider & Moultrie, Portland.

Walter J. Apley, Asst. Atty. Gen., Salem argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Theodore W. deLooze, Chief Tax Counsel, Salem.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.


PER CURIAM.

The sole issue in this appeal from the decision of the Oregon Tax Court is whether an adopted child who is the beneficiary of the will of her natural father should be considered as a nonrelative and subject to the inheritance tax rate set forth in ORS 118.100(3).

The Tax Court held that plaintiff was subject to the collateral tax imposed by ORS 118.100(3) on nonrelatives. We agree with the decision of the Tax Court and adopt its opinion, 5 OTR...

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