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MURRAY COUNTY v. HOMESALES, INC.

No. 111,663.

330 P.3d 519 (2014)

2014 OK 52

MURRAY COUNTY, Oklahoma, County Commissioners ex rel. Murray County, Oklahoma and Johnston County, Oklahoma, County Commissioners ex rel. Johnston County, Oklahoma, Plaintiffs/Respondents, v. HOMESALES, INC., JP Morgan Chase Bank, N.A. (for itself and as successor by merger to Chase Home Finance, LLC), and EMC Mortgage, LLC f/k/a EMC Mortgage Corporation, Defendants/Petitioners, and Wells Fargo Bank, N.A., Mortgage Electronic Registration Systems (MERS), Household Finance Corp, III, U.S. Bank National Association, Flagstar Bank, FSB, Wachovia Bank, N.A., Aurora Loan Services, LLC, Homecomings Financial Network, LLC, Belvedere Trust Finance, Deutsche Bank National Trust Company, and Millennium State Bank of Texas, Defendants.

Supreme Court of Oklahoma.

June 24, 2014.

Attorney(s) appearing for the Case

Clyde A. Muchmore , Crowe & Dunlevy, P.C., Oklahoma City, Oklahoma, for Defendants/Petitioners.

Kenneth M. Kliebard , Morgan, Lewis & Bockius, LLP, Chicago, Illinois, for Defendant/Petitioners.

Darryl F. Roberts and Jason D. May , P.O. Box 1568, Ardmore, Oklahoma, for Plaintiffs/Respondents.

FISCHER, S.J.:

¶ 1 In this appeal, we must determine whether a transfer of real property between affiliated business entities constitutes a "sale" for purposes of the Documentary Stamp Tax Act. We hold that the transfer of real property between affiliated corporations or transfers on behalf of the beneficial owner of real property are not taxable if any consideration paid does not exceed $100.

FACTS

¶ 2 This case involves the conveyance...

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