Opinion

Sullivan v. State ex rel. Oklahoma Tax Commission

  • 841 P.2d 619
  • 1992 OK CIV APP 81
  • 1992 Okla. Civ. App. LEXIS 114
  • 1992 WL 368107
Court
Court of Civil Appeals of Oklahoma
Filed
Jun 30, 1992
Status
Published
Author
Rapp
On the bench
Boudreau, Brightmire, Rapp
Cited by
2 cases
Authority
More cited than 23.0%

The opinion

RAPP, Presiding Judge,

concurring in result.

The dispositive issue here presented is this — shall private sector retirees receive the same tax exemptions as the recipients of state governmental retirement programs. The state says no and the trial court agreed.

The simple response to this appeal is that the trial court is correct. The exemption classification appealed is not based on al-ienage, race, religion, or national origin, and is thus not suspect. Moreover, the exemption accomplishes the purpose intended. This matter was put to rest by the United States Supreme Court in Kahn v. Shevin, 416 U.S. 351 , 94 S.Ct. 1734 , 40 L.Ed.2d 189 (1974), a Florida matter which dealt with a property tax exemption given widows and not widowers. The Supreme Court there upheld the state statute granting differing treatment. Further, under traditional equal protection principles, a state retains broad discretion to classify as long as there is a reasonable basis for it, even in the areas of economics and social welfare. See Dandridge v. Williams, 397 U.S. 471 , 90 S.Ct. 1153 , 25 L.Ed.2d 491 (1970). I would affirm the trial court.

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.