OKLAHOMA TAX COMMISSION v. OVEN

No. 38153.

338 P.2d 1095 (1959)

OKLAHOMA TAX COMMISSION, Plaintiff in Error, v. Helen C. OVEN, Trustee under the Last Will and Testament of H.L. Champlin, Deceased, for David J. Oven, Defendant in Error.

Supreme Court of Oklahoma.

May 5, 1959.


Attorney(s) appearing for the Case

R.F. Barry, Oklahoma City, for plaintiff in error.

Robinson, Shipp, Robertson & Barnes, by T. Murray Robinson, C.E. Barnes, Oklahoma City, for defendant in error.


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...

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