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EMPLOYMENT DIVISION, DOHR v. TURLEY TRUCKING

86-T-010; CA A40208.

734 P.2d 12 (1987)

84 Or.App. 421

In the Matter of the Tax Deficiency Assessments of Turley Trucking, Inc., and Dwayne D. Turley, Dba Turley Wholesale. EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES, Raymond P. Thorne, Assistant Director for Employment, Petitioners, v. TURLEY TRUCKING, INC., Successor to Dwayne D. Turley, Dba Turley Wholesale, Respondents.

Court of Appeals of Oregon.

Decided March 18, 1987.

Attorney(s) appearing for the Case

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for petitioners. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael J. Bird, Grants Pass, argued the cause for respondents. With him on the brief was Brown, Hughes, Bird & Lane, Grants Pass.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Employment Division appeals its referee's order that services performed by 21 truck owner-operators who leased their trucks to Turley do not constitute taxable "employment" under ORS 657.040. The facts in Combined Transport, Inc. v. Employment Division, 81 Or.App. 31, 724 P.2d 832, mod. 82 Or.App. 127, 727 P.2d 979...

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