WEHRMAN v. PUBLIC WELFARE DIVISION


544 P.2d 606 (1976)

Michael Edward WEHRMAN, Petitioner, v. PUBLIC WELFARE DIVISION, Respondent.

Court of Appeals of Oregon.

Decided January 19, 1976.


Attorney(s) appearing for the Case

Joseph G. McKeever, Lane County Legal Aid Service, Inc., Eugene, argued the cause and filed the brief for petitioner.

Al J. Laue, 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 LANGTRY and THORNTON, JJ.


SCHWAB, Chief Judge.

Under the Tax Reduction Act of 1975, Pub.L.No. 94-12 (March 29, 1975), federal income taxpayers received payments, popularly known as rebates, in the spring and summer of 1975. Petitioner appeals from an administrative determination reducing his public assistance grant by $100 — the amount of his tax rebate — on the ground that the rebate was income.

The relevant regulation defines income broadly:

"Income includes...

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