EBERT v. DEPT. OF REV.

OTC 2611; SC S34942.

771 P.2d 1018 (1989)

307 Or. 649

John T. EBERT, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 18, 1989.


Attorney(s) appearing for the Case

John T. Ebert, Milwaukie, argued the cause and filed the brief pro se.

Ted E. Barbera, Asst. Atty. Gen., Salem, argued the cause on behalf of the respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., Salem.


GILLETTE, Justice.

In this appeal from the Oregon Tax Court, the issue is whether under the applicable statutory scheme a taxpayer was excused from untimely appeal of an income tax assessment. We hold that the taxpayer was not excused and affirm the Tax Court's decision.

Because this is an appeal from the Tax Court, we try this "cause anew upon the record." ORS 19.125; see ORS 305.445. Plaintiff has had a...

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