Opinion
No. 22828
January 8, 1935. Rehearing Denied February 12, 1935.
(Syllabus)
1. Taxation — Tank Cars Used in State not Exempt Because Owned by Foreign Corporation.
Tank cars owned by a foreign corporation and used by it in Oklahoma are not exempted from ad valorem taxation by reason of such ownership.
Appeal from District Court, Pottawatomie County; Hal Johnson, Judge.
Action by the Union Tank Car Company against Pottawatomie County. Judgment for plaintiff, and defendant appeals.
Judgment reversed and cause remanded with directions.
Clarence Tankersley, Co. Atty., of Shawnee, J. Berry King, Atty. Gen., and W. C. Lewis, Asst. Atty. Gen., for plaintiff in error.
Keaton, Wells, Johnston Barnes, of Oklahoma City, David L. Krebs, Jr., of Chicago, Ill., Harry B. Bogg, Jr., of New York City, and Arthur E. Bristol, of Chicago, Ill., for defendant in error.
This is a companion case to cause numbered 22827, Pottawatomie County, Oklahoma, v. Armour Co., a corporation, 40 P.2d 1096, this day decided by this court. The syllabus in that case is adopted as the syllabus in this case.
The judgment of the trial court is reversed and the cause is remanded with directions to determine the proper assessed value of the property in accordance with the rule stated in cause numbered 22827, supra.
RILEY, C.J., and McNEILL, OSBORN, BAYLESS, and WELCH, JJ., concur. CULLISON, V. C.J., and SWINDALL and BUSBY, JJ., absent.