TIMBERLAND SALES, INC. v. EMPLOYMENT DIVISION


530 P.2d 880 (1975)

TIMBERLAND SALES, INC., Petitioner, v. EMPLOYMENT DIVISION, Respondent.

Court of Appeals of Oregon.

Decided January 20, 1975.

Rehearing Denied February 20, 1975.

Review Denied March 11, 1975.


Attorney(s) appearing for the Case

Wilson C. Muhlheim, Eugene, argued the cause for petitioner. With him on the brief were Miller, Moulton & Andrews, Eugene.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


FOLEY, Judge.

Respondent-Employment Division assessed a deficiency against petitioner-Timberland Sales, Inc., covering payroll tax imposed under ORS ch. 657 on the basis that Tupperware dealers are "employes" of petitioner within the meaning of ORS ch. 657. Petitioner neither reported the dealers' profits nor paid a tax thereon. Pursuant to ORS 657.683, petitioner requested a hearing upon the deficiency assessment. The hearings referee affirmed the deficiency assessment...

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