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EMPLOYMENT DIV. v. SHEAR CREATIONS SALON

87-T-027-B; CA A47264.

764 P.2d 941 (1988)

94 Or.App. 107

IN THE MATTER OF THE TAX DEFICIENCY ASSESSMENT OF SHEAR CREATIONS SALON OF HAIRSTYLING # 2. EMPLOYMENT DIVISION, Petitioner, v. SHEAR CREATIONS SALON of Hairstyling # 2, Respondent.

Court of Appeals of Oregon.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent.

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

WARREN, Judge.

The Employment Division (Division) seeks review from a referee's decision modifying a notice of tax assessment against applicant Shear Creations. We affirm.

Division agrees that the referee's findings of fact are supported by substantial evidence. He found that starting February 1, 1985, applicant and certain hair stylists (operators) signed an operator lease which provided that the operators would work when they chose and would pay $300 per...

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