This is an appeal by the State Tax Commission from a judgment of the Oregon Tax Court, sustaining plaintiff’s claim to a deduction for percentage depletion under the Oregon Corporate Excise Tax Law, and more specifically ORS 317.290. Hanna Mining Co. v. State Tax Commission, 2 OTC Adv Sh 379.

The case was tried on an agreed stipulation of facts.

We affirm the decree of the Oregon Tax Court and adopt its opinion.

Affirmed.