SPICER FURN. CO v. BOWERS

No. 38197.

175 Ohio St. 451 (1964)

SPICER FURNITURE CO., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided February 5, 1964.


Attorney(s) appearing for the Case

Messrs. Summer, Hoffman & Bowsher, for appellee.

Mr. William B. Saxbe, attorney general, and Mr. Daronne R. Tate, for appellant.


O'NEILL, J.

The facts are not in dispute. In its annual corporation franchise tax report for the year 1960 (form F-1), Spicer Furniture Company filled in a portion of the form designated "Schedule 3. Net worth," as follows:


  "1. Total issued and outstanding stock (include
      treasury stock) and membership fees.....               $ 25,000.00
   2. Surplus (earned—paid in—capital) undivided...

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