Legal Opinion · Dissent

Omaha National Bank v. Jensen

Nebraska Supreme Court

Decided May 15, 1953No. 33297Published

1DissentCarter, J.

This case involves the question as to the proper method of taxing the stock ' of Delaware corporations which domesticated in this state prior to August 24, 1941. The specific issue is whether section 77-706, R. R. S. 1943, or section 77-722, R. R. S. 1943, controls the result. If the former section is applicable the corporation is required to pay the tax assessed upon its stock for the owners thereof; if the latter is controlling, the tax is required to be paid -by the resident owners.

The intangible tax law was enacted in 1921 and so far as applicable here it provided: “Moneys, gross *45credits,…

2Cases cited8 opinions

  1. Wheeling Steel Corp. v. GlanderSupreme Court of the United States · 1949
  2. Mogis v. Lyman-Richey Sand & Gravel Corp.Court of Appeals for the Eighth Circuit · 1951
  3. Douglas County v. VinsonhalerNebraska Supreme Court · 1908
  4. Chicago & Northwestern Railway Co. v. BaumanNebraska Supreme Court · 1937
  5. State ex rel. Village of Dakota City v. BryanNebraska Supreme Court · 1924

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