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DEPARTMENT OF REVENUE v. McCANN

TC 1509; SC 27971.

651 P.2d 717 (1982)

293 Or. 522

DEPARTMENT OF REVENUE, State of Oregon, Respondent, v. Gene M. McCann, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 28, 1982.

Attorney(s) appearing for the Case

Barbara J. Rose, Portland, argued the cause and filed the brief for appellant.

Walter J. Apley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., Salem.

LENT, Chief Justice.

Defendant appeals from the issuance of a peremptory writ of mandamus by the Oregon Tax Court directing him to file Oregon personal income tax returns for the calendar years 1976 through 1979 inclusive. He contends that the issuance of the writ was error in that (1) there exists an adequate legal remedy, (2) there is insufficient evidence to justify the writ, and (3) compliance with the writ may necessitate...

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