OPINION
FONES, Justice.
The Commissioner of Revenue appeals from the judgment of the trial court awarding plaintiff taxpayer recovery of $40,493.00 transfer tax paid under protest to record instruments of indebtedness. The documents were all executed and recorded as part of a single transaction wherein revenue bonds were issued to refinance St. Joseph Hospital East in the principal sum of $40,495,000.
The issue is whether the instruments recorded...
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