Opinion

Daube v. Oklahoma Tax Commission

  • 310 P.2d 768
  • 7 Oil & Gas Rep. 175
  • 1957 OK 55
  • 1957 Okla. LEXIS 412
Court
Supreme Court of Oklahoma
Filed
Mar 12, 1957
Status
Published
Author
Halley
On the bench
Johnson, Welch, Corn, Jackson, Carlile, Davison, Blackbird, Halley, Williams
Cited by
1 cases

The opinion

HALLEY, Justice

(dissenting).

To me the majority opinion distorts the plain wording of the State’s Income Tax Law. The provisions that are the seat of the argument in this case were contained *774 in House Bill No. 29 of the 1947 Legislature of Oklahoma. These provisions are not five paragraphs apart in the Act. One defines “ 'adjusted gross income.’ ” The other provides what deductions shall be allowed as deductions from gross income when computing net income. It is plain to me that when determining “ ‘adjusted gross income’ ”, trade and business deductions must be deducted from the gross income and such trade and business deductions shall not include Federal and State Income Taxes. The facts in the case at bar offer a perfect example of the, practical operations of the Act. The taxpayer here was engaged in the production of oil. He was told in estimating his trade and business deductions in the operations of the oil wells he must not include as a deduction Federal and State Income Taxes. He did as the Act directed. Any other interpretation would clearly violate the provisions of the Act.

The cases cited by the majority are from jurisdictions that do not have our statutory provisions and are not in point.

I dissent.

I am authorized to state that Justice WILLIAMS concurs in these views.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.