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upr000101 178

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upr000101-178
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    m i which in its entirety was functioning at the time of the loan. The Court further stated that for tax purposes, pipes of water companies are appur­tenant to the real property where the main works are located, citing Pasadena v. County of Los Angeles, 182 C. 171 and Joplin Water Works v Jasper, 38 S.W. ? 2d 1068. ' ? For other cases of a similar nature: S i • A .L.R. 869,-8 7 1. The applicability of the Federal Stamp Tax to the transfer of an oil and gas lease, including wells, pipes and machinery,was upheld in Morrow v Scofield, 116 F 2d 17, where the court stated that a difference in State laws as to what constitutes an interest in realty does not .prohibit the taxation, such laws merely constituting 'guides in doubtful situations. I | . 2. The view that pipe lines located in realty owned by another are personal property finds support in certain jurisdictions. The assessment in - of gas lines /town streets has been declared improper where the franchise involved gave plaintiff no right to the exclusive use of the street for the purpose intended, the lines being held personal property. Arkansas Natural fas Co. V. 0 omrnis s ione rs7~2f8"“~7 S.W. 664 -2 -