WOLFE, Chief Justice. Certiorari to review the decision of the State Tax Commission denying Emerald Oil Company, petitioner, refund of an alleged overpayment of its corporate franchise taxes for the years 1949 and 1950. Petitioner charges that the decision of the Commission was contrary to the provisions of Title 59, Chapter 13, Utah Code Annotated 1953, because (a) during 1949 and 1950 petitioner was not doing business in Utah within the purview of said statutes and (b) the decision improperly allocates to Utah, income derived from business done without the state. The facts are not in dispute. Petitioner was a Utah corporation in good standing from the date of its incorporation, January 14, 1909, until the date of its dissolution, March 20, 1952. During its early years of existence petitioner patented certain mining and oil claims it had acquired in Rio Blanco County, Colorado. After patenting the Colorado lands the activity of petitioner consisted mainly of leasing the aforementioned lands to third parties for the development, production and sale of oil therefrom. Petitioner at intermittent periods between leases produced and sold oil from its Colorado lands.
