STUCHELL v. DEPT. OF REVENUE, STATE OF OR.

No. 1370; SC 27846.

644 P.2d 1387 (1982)

293 Or. 111

Edwin W. and Blanche STUCHELL; Edwin W. Stuchell, Trustee of the Neva D. Stuchell Trust; David E. Wyman, Jr., Personal Representative of the Estate of David E. Wyman, Deceased; David E. and Helen R. Wyman; and Helen R. Wyman, Appellants, v. Department of Revenue, State of Oregon, Respondents.

Supreme Court of Oregon.

Decided May 18, 1982.


Attorney(s) appearing for the Case

Bryant R. Dunn and O. Kent Whiteley, Graham & Dunn, Seattle, Wash., argued the cause for appellants. With them on the briefs were Ridgway K. Foley, Jr., and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER and ROBERTS, JJ.


LENT, Justice.

The issue is whether certain money received by the plaintiffs resulting from the cutting of timber under the terms of a certain contract constituted income in respect of a decedent (hereinafter "IRD"). We hold that it did not.1

The money in question is sums received by plaintiffs for timber cut and paid for after the deaths of plaintiffs' decedents, who were owners of certain fractional shares of the timber at the...

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