Legal Opinion

Realty Group, Inc. v. Department of Revenue

Oregon Supreme Court

Decided July 9, 1985No. TC 1950; SC S30938PublishedCited by 11 opinions

1Opinion of the CourtLinde, J.

The disputed issue is whether real estate brokers’ payments to real estate salespeople are “wages paid with respect to employment” for purposes of payroll taxes to transit districts.

Plaintiffs in this case and Stan Wiley, Inc. v. Dept. of Rev., also decided today, are real estate brokers who paid such taxes to Tri-County Metropolitan Transit District and Lane Transit District and later claimed refunds on the grounds that licensed real estate sales personnel are not employees within the meaning of the transit district law. The Department of Revenue and the Oregon Tax Court denied the refunds,…

2Cases cited2 opinions

  1. Herff Jones Co. v. State Tax CommissionOregon Supreme Court · 1967
  2. Stan Wiley, Inc. v. Department of Revenue Tri-County Metropolitan Transit DistrictOregon Tax Court · 1984

3Cited by11 opinions

  1. Olson v. Department of RevenueOregon Supreme Court · 1987
  2. Baisch v. Department of RevenueOregon Supreme Court · 1993
  3. Seymour v. Department of RevenueOregon Supreme Court · 1991
  4. Fedex Ground Package Sys. v. Dept. of Revenue, Tc 4923 (or.tax 4-7-2010)Oregon Tax Court · 2010
  5. Frame Electric, Inc. v. CarylWest Virginia Supreme Court · 1986

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