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WEAVER v. BOWERS

No. 36985.

173 Ohio St. 1 (1962)

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

Supreme Court of Ohio.

Decided January 10, 1962.

Attorney(s) appearing for the Case

Messrs. Black, McCuskey, Souers & Arbaugh, for appellees.

Mr. Mark McElroy, attorney general, and Mr. Joseph L. White, for appellant.

HERBERT, J.

The single issue raised by this appeal is whether the distribution as a stock dividend of nonvoting common stock on a share-for-share basis for each outstanding share of common stock, voting or nonvoting alike, constitutes income yield within the meaning of Section 5701.10, Revised Code, which reads in part as follows:

"As used in Title LVII of the Revised Code, `income yield' means the aggregate amount...

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