McDANIEL v. OKLAHOMA TAX COMMISSION

No. 44759.

499 P.2d 1391 (1972)

Charles E. McDANIEL, Appellant, v. OKLAHOMA TAX COMMISSION, Appellee.

Supreme Court of Oklahoma.

August 1, 1972.


Attorney(s) appearing for the Case

Bishop & Wantland, by William Bishop, Seminole, for appellant.

Albert D. Lynn, E.J. Armstrong, Mike Tapp, E.B. Lee, Oklahoma City, for appellee.


DAVISON, Vice Chief Justice.

The sole question posed by this appeal is whether the transfer by a husband to his wife, as a step in estate planning, of property held in the name of the husband but "acquired by the parties jointly during their marriage" is subject to the gift tax levied by our Gift Tax Code, 68 O.S.Supp. 1965, §§ 901-909. The quoted language is from 12 O.S. 1961, § 1278, which defines the power of the district court in making a division...

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