Kirby and Elder v. Dept. of Rev.

Loren D. Hicks, Judge pro tempore.

These two cases come before the court on the same basic facts, and the parties stipulated that the cases be consolidated for tria! and decision. The pertinent facts are not in dispute.

Mr. Kirby and Mr. Elder were equal partners in the “Frying Pan Ranch,” located in Malheur County, Oregon. The partners entered into an agreement with United Farms, a corporation, to sell the ranch to United Farms at a price of $375,000. On January 25, 1965, plaintiffs deeded the ranch real property to Norman F. Bundgard, Robert J. Bundgard, Joyce L, Conrow and Sally Bundgard who…