SW OR. PUB. DEF. SERVICES v. DEPT. OF REV.

OTC 2862; SC S37150.

817 P.2d 1292 (1991)

312 Or. 82

SOUTHWESTERN OREGON PUBLIC DEFENDER SERVICES, Inc., Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Supreme Court of Oregon.

Decided September 19, 1991.


Attorney(s) appearing for the Case

John W. Whitty, of Foss, Whitty, Littlefield & McDaniel, Coos Bay, argued the cause and filed the briefs for appellant.

Bonni C. Canary, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Dave Frohnmayer, Atty. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.


GILLETTE, Presiding Justice.

The issue in this tax case is whether taxpayer's personal property, which is used exclusively in connection with the defense of indigents accused of crimes, is exempt from personal property tax. The answer to that question turns on whether taxpayer is a charitable organization for the purposes of the Oregon tax laws. The answer to the latter question depends in turn on whether taxpayer satisfies the "gift or giving" element established...

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