|
Oklahoma Tax Comm’n v. Texas Company, 336 U.S. 342 (1949)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Oklahoma Tax Comm’n v. Texas Company, 336 U.S. 342 (1949)
Oklahoma Tax Commission v. Texas Company No. 40 Argued November 19, 1948 Decided March 7, 1949 * 336 U.S. 342
CERTIORARI TO THE SUPREME COURT OF OKLAHOMA
Syllabus
1. A lessee of mineral rights in allotted and restricted Indian lands in Oklahoma has no immunity under the Federal Constitution from nondiscriminatory state gross production taxes and state excise taxes on petroleum produced from such lands. Pp. 343-367.
2. Overruling Choctaw, O. & G. R. Co. v. Harrison, 235 U.S. 292; Indian Territory Illuminating Oil Co. v. Oklahoma, 240 U.S. 522; Howard v. Gipsy Oil Co., 247 U.S. 503; Large Oil Co. v. Howard, 248 U.S. 549, and Oklahoma v. Barnsdall Refineries, 296 U.S. 521. Helvering v. Mountain Producers Corp., 303 U.S. 376, held controlling, and not limited to income taxes. Pp. 364-365.
3. No question is here presented as to the immunity from state taxation of the Indian lands themselves, or of the Indians’ share of production, since only the interests of lessees were assessed. Pp. 347 (n. 14), 353.
4. A constitutional immunity of such a lessee is not to be inferred from Acts of Congress authorizing a state gross production tax on minerals produced from the lands of certain Indians, since the purpose of those statutes was to remove immunities of the Indians themselves. Pp. 366-367.
5. Congressional approval of the doctrine of immunity enunciated in the cases herein overruled is not to be inferred from mere congressional silence. P. 367.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Oklahoma Tax Comm’n v. Texas Company, 336 U.S. 342 (1949) in 336 U.S. 342 336 U.S. 343. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=N41W6G5Q6QRW1QL.
MLA: U.S. Supreme Court. "Syllabus." Oklahoma Tax Comm’n v. Texas Company, 336 U.S. 342 (1949), in 336 U.S. 342, page 336 U.S. 343. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=N41W6G5Q6QRW1QL.
Harvard: U.S. Supreme Court, 'Syllabus' in Oklahoma Tax Comm’n v. Texas Company, 336 U.S. 342 (1949). cited in 1949, 336 U.S. 342, pp.336 U.S. 343. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=N41W6G5Q6QRW1QL.
|