Oregon Supreme Court

Opinions Filed in September 2021

Khalaf v. Department of Revenue

Under Rev. Rul. 75-538, 1975-2 C.B. 34 (1975), “[a] taxpayer engaged in the trade or business of selling motor vehicles is presumed to hold all such vehicles primarily for sale to customers in the ordinary course of the taxpayer’s trade or business.” Under Estate of Reynolds v. Commissioner, 55 TC 172 (1970), “Transactions within a family group are * * * presume[ed] * * * gift[s].”

Area(s) of Law:
  • Tax Law

State v. Kragt

“[A] trial court must impose a [post-prison supervision] term for each violation of the statutes listed in ORS 144.103(1).”

Area(s) of Law:
  • Parole and Post-Prison Supervision

Batten v. State Farm Mutual Automobile Ins. Co.

Any added term that causes the UM/UIM coverage under a policy to be less favorable to the insured than the model policy is “unenforceable.” Erickson v. Farmers Ins. Co., 331 Or 681, 685, 21 P3d 90 (2001).

Area(s) of Law:
  • Insurance Law

Dept. of Human Services v. J. S.

ORS 109.751(b) allows the dependency court to make child custody determinations that are effective until a home state court issues its own order.

Area(s) of Law:
  • Juvenile Law

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