Health & Educational Families Board v. King

*19OPINION ON PETITION TO REHEAR

FONES, Justice.

The Commissioner of Revenue has filed a petition to rehear complaining that we failed to address the issue of plaintiffs standing to bring this action.

The Commissioner says that the incidence of the transfer tax is declared by statute to be imposed upon the holder or owner of the indebtedness, and that the Union Planters Bank, Trustee, is the holder or owner of the instruments, “on behalf of the bond holders.” The opinion heretofore rendered reflects that the only instrument taxed showed St. Joseph Hospital as debtors and plaintiff Board as owner of…