FISHER BROS. CO., v. BOWERS

No. 34969.

166 Ohio St. 191 (1957)

FISHER BROTHERS CO., APPELLANT, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided March 6, 1957.


Attorney(s) appearing for the Case

Mr. Carlton S. Dargusch, Sr., and Mr. Jack H. Bertsch, for appellant.

Mr. C. William O'Neill, attorney general, and Mr. Kiehner Johnson, for appellee.


STEWART, J.

The sole question before us is whether the Tax Commissioner had the power to make an additional franchise tax assessment based on United States government securities which the taxpayer disclosed and reported in its 1952 and 1953 franchise tax returns, which securities the commissioner, on his own motion, excluded from the original assessments.

The solution of the foregoing question depends upon the construction of two statutes, namely, Sections...

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