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STATE v. NEELY

No. 5-684.

282 S.W.2d 150 (1955)

STATE of OKLAHOMA ex rel. OKLAHOMA TAX COMMISSION, Appellant, v. F. S. NEELY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied October 3, 1955.

Concurring and Dissenting Opinion October 10, 1955.

Attorney(s) appearing for the Case

Harper, Harper & Young, Fort Smith, R. F. Barry & E. J. Armstrong, Oklahoma City, Okl, for appellant.

Warner & Warner, Fort Smith, for appellee.

GEORGE ROSE SMITH, Associate Justice.

This is an action by the State of Oklahoma to recover income taxes in the amount of $9,292.91, with interest. The complaint contains three separate counts, one for the year 1948, one for 1949, and one for 1950. It is alleged that for each of those years the defendant failed to pay the Oklahoma income tax upon rentals received by him upon mining machinery located in that state. The defendant's demurrer to each count in the complaint...

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