PERSONAL LOAN & FINANCE CO. v. OKLAHOMA TAX COM'N

PERSONAL LOAN & FINANCE CO. v. OKLAHOMA TAX COM'N
1968 OK 13
437 P.2d 1022
Case Number: 41769
Decided: 02/06/1968
Supreme Court of Oklahoma

PERSONAL LOAN & FINANCE CO. OF TULSA, A CORPORATION, PLAINTIFF IN ERROR,
v.
OKLAHOMA TAX COMMISSION, J.D. DUNN, CHAIRMAN, L.L. LEININGER AND M.C. CONNORS, MEMBERS OF THE TAX COMMISSION OF THE STATE OF OKLAHOMA, DEFENDANTS IN ERROR.

Syllabus

 
¶0   1. Legislative acts are to be construed in such manner as to reconcile the different provisions and render them consistent and harmonious, and give intelligent effect to each.
2. The "equal protection" clauses of the Oklahoma Constitution (Art. 2, § 7) and Federal Constitution (Amend. 14) are satisfied if the statute applies alike or in a reasonable degree to all parties in the same class.
3. In the classification of property for the purpose of taxation the Legislature is vested with wide discretion, subject to the provisions of § 5, Art. 10, of the Oklahoma Constitution, that taxes shall be uniform upon the same class of subjects.
4. Title 68 O.S. Supp. 1965, § 1209 (b) does not violate the 14th Amendment to the United States Constitution, nor § 7, Art. 2, nor § 5, Art. 10, of the Oklahoma Constitution.

Appeal from the Oklahoma Tax Commission.

Appeal by Personal Loan & Finance Co. of Tulsa from an order of the Oklahoma Tax Commission assessing additional corporate franchise taxes. Affirmed.

Leo Thompson, Oklahoma City, for plaintiff in error.

Albert D. Lynn, E.J. Armstrong, R.O. Ingle, Oklahoma City, for Oklahoma Tax Commission.

DAVISON, Justice.

¶1 This is a companion case to Personal Loan & Finance Co. of Capitol Hill v. Oklahoma Tax Commission, Okl., 437 P.2d 1015, in which we this day promulgated an opinion affirming the order of the Oklahoma Tax Commission assessing additional corporate franchise taxes. The facts, circumstances and propositions of error presented are identical in both cases, except that in the present case the plaintiff in error (taxpayer) borrowed the sum of $494,000 from its parent corporation, Personal Loan & Finance Co. of Memphis, Tennessee.

¶2 We adopt our opinion and conclusion in the above case as determinative of all matters presented herein.

¶3 Affirmed.

¶4 All the Justices concur.