DAYTON, v. P. U. C. O.

Nos. 37110, 37111 and 37112.

174 Ohio St. 604 (1963)

CITY OF DAYTON, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. THE DAYTON POWER & LIGHT CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (Two cases.)

Supreme Court of Ohio.

Decided May 31, 1963.


Attorney(s) appearing for the Case

Mr. Herbert S. Beane, city attorney, Mr. Robert J. White, Messers. Steer, Strauss & Adair and Mr. James J. Ryan, for the city of Dayton.

Mr. Julian De Bruyn Kops, Mr. J. R. Newlin, Messrs. Squire, Sanders & Dempsey, Mr. John Lansdale, Jr., and Mr. Alan P. Buchmann, for The Dayton Power & Light Company.

Mr. William B. Saxbe, attorney general, Mr. Andrew R. Sarisky and Mr. Jay C. Flowers, for the Public Utilities Commission.


O'NEILL, J.

The commission determined that the statutory rate base valuation is $21,900,980 as of the date certain, June 30, 1957, that the fair annual rate of return is 5.4%, and that the allowable annual dollar return is $1,182,653.

Instead of allowing, as an item of expense, the amount of federal income tax which would be required to be paid on the annual dollar return by the federal income tax law (City of Cincinnati v. Public Utilities Commission...

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