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IN RE HOLT

No. 87365.

932 P.2d 1130 (1997)

In re Norma R. HOLT. Nanette Holt PRICE, as Conservator for Norma R. Holt, and Norma R. Holt, Debtor-In-Possession, Plaintiffs, v. STATE of Oklahoma, ex rel., OKLAHOMA TAX COMMISSION, Defendant.

Supreme Court of Oklahoma.

February 18, 1997.

Attorney(s) appearing for the Case

John B. Turner, Diana H. Clark, Stuart, Biolchini, Turner & Givray, Tulsa, Paul J. Cleary, Boone, Smith, Davis, Hurst & Dickman, Tulsa, for Plaintiffs.

Linda Ruschenberg, Robert Struble, Oklahoma Tax Commission, Oklahoma City, for Defendant.

HARGRAVE, Justice:

This question has been posed to this court under stipulated facts and on the position briefs filed in the Bankruptcy Court. Neither party has sought further briefing, nor did this court determine that further briefs were needed.

The Question certified to this Court is as follows:

"Does 68 O.S. Supp.1994 § 2375(H)(5) operate to bar a refund of state income taxes in a situation where...

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