Legal Opinion

Oklahoma Tax Commission v. Oven

Supreme Court of Oklahoma

Decided May 5, 1959No. 38153PublishedCited by 3 opinions

1Opinion of the Court

JACKSON, Justice.

Is a traditional trust, which keeps its books on a cash basis, entitled, in computing its state income tax liability, to deduct Federal income taxes tendered and accepted prior to the close of the taxable year for which the taxes are paid.?

On December 31, 1954, prior to close of banking hours, plaintiff Trustee filed what purported to be a final Federal Fiduciary Income Tax Return with the Director of Internal Revenue reflecting a tax liability for the calendar year 1954 of $398,505.79. A check in that amount was attached to the return and a Teller delivered an initialled…

2Cases cited2 opinions

  1. Pennsylvania Cement Co. v. Bradley Contracting Co.District Court, S.D. New York · 1920
  2. Manhattan Const. Co. v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1951

3Cited by3 opinions

  1. Corbett v. CorbettCourt of Appeals of Arizona · 1977
  2. Hubshman v. HubshmanDistrict Court of Appeal of Florida · 1980
  3. IN THE MATTER OF THE INCOME TAX PROTEST OF RAYTHEON COMPANYSupreme Court of Oklahoma · 2022

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