Legal Opinion
Livingston v. State Tax Commission
Oregon Tax Court
Decided January 31, 1964PublishedCited by 2 opinions
1Opinion of the Court
Peter M. Ounnar, Judge.
This is a suit to set aside State Tax Commission Opinion and Order No. 1-63-26, which disallowed the special treatment of capital gains claimed by plaintiffs on their 1960 joint personal income tax return. A decision on the issues raised by defendant’s general demurrer, now before the court, will dispose of the case.
On December 30, 1959, plaintiff dale Livingston, a cash-basis, calendar-year taxpayer, sold 50 shares of the capital stock of AsthmaNefrin Company, Inc., an Oregon corporation, under a written agreement dated December 24, 1959. The sales price was to be paid…
2Cases cited5 opinions
- Arrowsmith v. CommissionerSupreme Court of the United States · 1952
- Hughes v. Aetna Casualty & Surety Co.Oregon Supreme Court · 1963
- Kempf v. Carpenters & Joiners Local UnionOregon Supreme Court · 1961
- Ruth Realty Co. v. State Tax CommissionOregon Supreme Court · 1960
- Schmitt v. State Tax CommissionOregon Tax Court · 1962
3Cited by2 opinions
- Kirby and Elder v. Dept. of Rev.Oregon Tax Court · 1970
- Kirby v. Department of RevenueOregon Supreme Court · 1971