Opinion No. 79-263, (1979)
Court: Oklahoma Attorney General Reports
Number:
Visitors: 4
Judges: JAN ERIC CARTWRIGHT, ATTORNEY GENERAL OF OKLAHOMA
Filed: Aug. 29, 1979
Latest Update: Mar. 03, 2020
Summary: OPINION — AG — THE COLLECTION OF A "PROMOTIONAL FEE" FROM OKLAHOMA WHEAT GROWERS BY THE OKLAHOMA WHEAT COMMISSION CONSTITUTES A TAX, NOTWITHSTANDING THE POSSIBILITY THAT SUCH A TAX IS REFUNDABLE UPON DEMAND. THESE MONIES COLLECTED BY THE OKLAHOMA WHEAT COMMISSION ARE SUBJECT TO THE PROVISIONS OF THE OKLAHOMA CONSTITUTION REGARDING EXPENDITURES OF TAXES. ALL EXPENDITURES OF SUCH TAXES BY THE OKLAHOMA WHEAT COMMISSION MUST BE FOR A PUBLIC PURPOSE PURSUANT TO ARTICLE X , SECTION 14 OKLAHOMA CONSTIT
Summary: OPINION — AG — THE COLLECTION OF A "PROMOTIONAL FEE" FROM OKLAHOMA WHEAT GROWERS BY THE OKLAHOMA WHEAT COMMISSION CONSTITUTES A TAX, NOTWITHSTANDING THE POSSIBILITY THAT SUCH A TAX IS REFUNDABLE UPON DEMAND. THESE MONIES COLLECTED BY THE OKLAHOMA WHEAT COMMISSION ARE SUBJECT TO THE PROVISIONS OF THE OKLAHOMA CONSTITUTION REGARDING EXPENDITURES OF TAXES. ALL EXPENDITURES OF SUCH TAXES BY THE OKLAHOMA WHEAT COMMISSION MUST BE FOR A PUBLIC PURPOSE PURSUANT TO ARTICLE X , SECTION 14 OKLAHOMA CONSTITU..
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OPINION — AG — THE COLLECTION OF A "PROMOTIONAL FEE" FROM OKLAHOMA WHEAT GROWERS BY THE OKLAHOMA WHEAT COMMISSION CONSTITUTES A TAX, NOTWITHSTANDING THE POSSIBILITY THAT SUCH A TAX IS REFUNDABLE UPON DEMAND. THESE MONIES COLLECTED BY THE OKLAHOMA WHEAT COMMISSION ARE SUBJECT TO THE PROVISIONS OF THE OKLAHOMA CONSTITUTION REGARDING EXPENDITURES OF TAXES. ALL EXPENDITURES OF SUCH TAXES BY THE OKLAHOMA WHEAT COMMISSION MUST BE FOR A PUBLIC PURPOSE PURSUANT TO ARTICLE X, SECTION 14 OKLAHOMA CONSTITUTION. WHETHER A PARTICULAR EXPENDITURE IS FOR A PUBLIC PURPOSE IS A QUESTION OF FACT AND MUST BE DETERMINED ON A CASE BY CASE BASIS. CITE: 2 Ohio St. 1971 1035 [2-1035], 2 Ohio St. 1978 Supp., 1030 [2-1030], 2 Ohio St. 1963 Supp., 1011 [2-1011] 2 Ohio St. 1971 1028 [2-1028], 62 Ohio St. 1971 41.13 [62-41.13] OPINION NO. 79-078 (PUBLIC FUNDS — PRIVATE PURPOSES, TAXES — PROMOTIONAL FEE AS A TAX) (DANNY SHADID) ** SEE OPINION NO. 92-567 (1992)
Source: CourtListener
