Legal Opinion

Avanti Press, Inc. v. Employment Department Tax Section

Court of Appeals of Oregon

Decided February 29, 2012No. T71158; A147000PublishedCited by 12 opinions

Office of Administrative Hearings

1Opinion of the CourtNakamoto, J.

Petitioner Avanti Press, Inc., seeks review of a final order of an administrative law judge (ALJ) that affirmed the Employment Department’s notice of tax assessment issued to Avanti. The ALJ determined that Avanti, a greeting card company, had employed a sales representative, Andrea Waiau, and that Avanti’s compensation to Waiau was therefore subject to unemployment tax, which Avanti had not paid. In its petition for review of that order, Avanti contends, as it did before the ALJ, that Waiau was an independent contractor, not an employee, and that her compensation therefore was not subject to…

2Cases cited21 opinions

  1. Woody v. WaibelOregon Supreme Court · 1976
  2. Claim of Gordon v. New York Life InsuranceNew York Court of Appeals · 1950
  3. Kirkpatrick v. PeetOregon Supreme Court · 1967
  4. Great American Insurance v. General Insurance Co. of AmericaOregon Supreme Court · 1970
  5. S-W Floor Cover Shop v. National Council on Compensation InsuranceOregon Supreme Court · 1994

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3Cited by12 opinions

  1. Edward Slayman v. Fedex Ground Package SystemCourt of Appeals for the Ninth Circuit · 2014
  2. Portland Columbia Symphony v. Employment DepartmentCourt of Appeals of Oregon · 2013
  3. Agat Transport, Inc. v. Employment DepartmentCourt of Appeals of Oregon · 2013
  4. Moholt v. Dooney & Bourke, Inc.District Court, D. Oregon · 2014
  5. Broadway Cab LLC v. EMPLOYMENT DEPARTMENTCourt of Appeals of Oregon · 2014

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