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  5. 895 P.2d 743 (1995)
 

BIG D ENTERPRISES v. OKLAHOMA TAX COM'N

No. 82797.

895 P.2d 743 (1995)

BIG D ENTERPRISES, INC., Appellant, v. OKLAHOMA TAX COMMISSION, Appellee.

Court of Appeals of Oklahoma, Division No. 3.

As Corrected April 17, 1995.

Rehearing Denied April 18, 1995.

Attorney(s) appearing for the Case

Shelton E. Sargent, Fort Smith, AR, for appellant.

David Hudson and David Allen Miley, Oklahoma Tax Com'n, Oklahoma City, for appellee.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 3.

OPINION

ADAMS, Judge:

The single issue presented in this appeal is whether the Oklahoma Tax Commission properly determined that a note issued by Big D Enterprises, Inc. and payable to Merchants National Bank of Fort Smith, Arkansas should be classified as capital for franchise tax purposes under 68 O.S. 1991 § 1209...

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