SMITH v. DEPARTMENT OF REVENUE


528 P.2d 73 (1974)

William F. SMITH and Charlotte F. Smith, Husband and Wife, Appellants, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 21, 1974.


Attorney(s) appearing for the Case

James H. Lewelling, Newport, argued the cause and filed a brief for appellants.

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. de Looze, Chief Tax Counsel, Salem.


BRYSON, Justice.

Plaintiffs appeal from a decision of the Tax Court affirming a personal income deficiency assessed against the plaintiffs for the 1970 calendar tax year. William F. Smith v. Dept. of Rev., 5 OTR 249 (1973).

From 1957 through 1961 plaintiffs were residents of Alaska and during this period owned and operated a shrimp cannery. Plaintiffs leased shrimp peeling machines from a corporation and subsequently discovered they were charged a higher lease...

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