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GALE v. DEPARTMENT OF REVENUE, ETC.

TC 1559; SC 28078.

646 P.2d 27 (1982)

293 Or. 221

Wilna GALE, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided June 9, 1982.

Attorney(s) appearing for the Case

Thomas D. Kershaw, Jr., Klamath Falls, argued the cause and filed briefs for appellant.

Ira W. Jones, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., Salem.

PETERSON, Justice.

Under ORS 310.630 et seq., medium and low income homeowners and renters are entitled to a refund of a portion of the real property taxes paid upon the dwelling they occupy. ORS 310.640(3) provides that the claimant's status as an owner or renter "shall be determined as of December 31 of the calendar year for which the claim is filed." The plaintiff in this case sold her home in October, 1977, and she claims entitlement to a pro rata portion...

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