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DEPARTMENT OF REVENUE v. WELCH

TC 1545, 1546 and 1547; SC 28119, 28140 and 28120.

651 P.2d 721 (1982)

293 Or. 530

DEPARTMENT OF REVENUE, State of Oregon, Respondent, v. Gladys I. WELCH, Appellant. Department of Revenue, State of Oregon, Respondent, v. CLARENCE WELCH, Appellant. Department of Revenue, State of Oregon, Respondent, v. Clarence WELCH, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 28, 1982.

Attorney(s) appearing for the Case

Barbara J. Rose, Portland, argued the cause and filed the brief for appellants.

Walter J. Apley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., Salem.

LENT, Chief Justice.

Defendants appeal from the issuance of three peremptory writs of mandamus by the Oregon Tax Court commanding them to file personal and fiduciary income tax returns for the year 1978. They challenge the writs on Fifth Amendment grounds and by alleging that there was insufficient evidence to support them.1

We try the cause "anew upon the record." ORS 305.445 and 19.125. Defendant Gladys Welch is the grantor and...

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