BUDGET RENT-A-CAR OF TULSA v. TAX COM'N

No. 67729.

773 P.2d 736 (1989)

BUDGET RENT-A-CAR OF TULSA, Appellant, v. STATE of Oklahoma ex rel. OKLAHOMA TAX COMMISSION, Appellee.

Supreme Court of Oklahoma.

May 2, 1989.


Attorney(s) appearing for the Case

Richard R. Stutsman, Marsh, Roberts, Marrs, Shacklett & Fears, P.C., Tulsa, for appellant.

J. Lawrence Blankenship, Gen. Counsel, Midwest City, Joe Mark Elkouri, Successor Gen. Counsel, Robert B. Struble, Oklahoma City, for appellee.


OPALA, Vice Chief Justice.

The dispositive issue presented for our review is whether the appellant-taxpayer is entitled to a tax refund because its payment of motor vehicle excise tax was made through an "error of fact." We answer in the negative.

THE ANATOMY OF LITIGATION

Budget Rent-A-Car of Tulsa [taxpayer] rents automobiles on a short-term basis. For business operations the taxpayer is required to own...

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