Legal Opinion

Sun Oil Co. v. Oklahoma Tax Commission

Supreme Court of Oklahoma

Decided October 7, 1980No. 52965PublishedCited by 9 opinions

1Opinion of the Court

IRWIN, Vice Chief Justice.

This case involves application for refund of taxes erroneously paid through a mistake of law based upon this court’s decision that the statute levying such tax was unconstitutional. The taxes were paid without protest and taxpayers claim the refunds under 68 O.S.1971, § 227.

In Phiüips v. Oklahoma Tax Commission, Okl., 577 P.2d 1278 (1978), we declared 68 O.S.1977 Supp., § 1402(a) 1 unconstitutional because it violated the Commerce Clause of the United States Constitution (Article 1, section 8, clause 3). Prior to our decision appellants had been paying, without…

2Cases cited5 opinions

  1. Phillips v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1978
  2. Barry v. Board of County Com'rs of Tulsa CountySupreme Court of Oklahoma · 1935
  3. In Re the Protest of Woods Corp.Supreme Court of Oklahoma · 1975
  4. Bd. of Ed., Passaic v. BD. OF ED. OF WAYNENew Jersey Superior Court Appellate Division · 1972
  5. Page v. ProvinesSupreme Court of Oklahoma · 1937

3Cited by9 opinions

  1. Strelecki v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1994
  2. Private Truck Council of America, Inc. v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1991
  3. First of McAlester Corp. v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1985
  4. Kay Electric Cooperative v. State ex rel. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1991
  5. Kay Elec. Co-Op. v. STATE EX REL. TAX COM'NSupreme Court of Oklahoma · 1991

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