PICKERING v. BOWERS

No. 35628.

168 Ohio St. 569 (1959)

PICKERING ET AL., APPELLEES, v. BOWERS, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 11, 1959.


Attorney(s) appearing for the Case

Messrs. Pomerene, Burns & Milligan, for appellees.

Mr. William Saxbe and Mr. Mark McElroy, attorneys general, Mr. John M. Tobin and Mr. S. Noel Melvin, for appellant.


STEWART, J.

The single question presented to us is whether the income yield of the shares of stock held by the taxpayers on January 1, 1956, shall be determined to be 45 cents or $1.80 per share.

Section 5711.22, Revised Code, which deals with listing and with rates of personal property tax, provides in part as follows:

"* * * In listing investments, the amount of the income yield of each for the calendar year next preceding the date of listing shall...

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