FRANKLIN v. CARTER

No. 412.

51 F.2d 345 (1931)

FRANKLIN v. CARTER, State Auditor of Oklahoma.

Circuit Court of Appeals, Tenth Circuit.

July 8, 1931.


Attorney(s) appearing for the Case

Streeter B. Flynn, of Oklahoma City, Okl. (Geo. Otey, of Ardmore, Okl., and R. M. Rainey and Rainey, Flynn, Green & Anderson, all of Oklahoma City, Okl., on the brief), for appellant.

F. M. Dudley, Asst. Atty. Gen., of Oklahoma (J. Berry King, Atty. Gen., of Oklahoma, on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


PHILLIPS, Circuit Judge.

This is a suit to recover $3,405.81 paid under protest by appellant as income taxes for 1929.

The petition alleged that appellant was a resident of Oklahoma engaged in the production and sale of oil and gas in competition with corporations doing a like business in that state; that sections 9934 to 9945, inclusive, C. O. S. 1921, purport to impose a tax upon his income and to exempt the income of corporations from such tax; that such...

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