TRANSFER CO. v. PORTERFIELD

Nos. 41206 and 41207.

13 Ohio St. 2d 138 (1968)

MIDWEST TRANSFER CO., D. B. A. MIDWEST EMERY FREIGHT SYSTEM, INC., APPELLEE, v. PORTERFIELD, TAX COMMR., APPELLANT. EMERY TRANSPORTATION CO., D. B. A. MIDWEST EMERY FREIGHT SYSTEM, INC., APPELLEE, v. PORTERFIELD, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 20, 1968.


Attorney(s) appearing for the Case

Mr. Theodore K. High, for appellees.

Mr. William B. Saxbe, attorney general, and Mr. Edgar L. Lindley, for appellant.


ZIMMERMAN, J.

Section 5728.10, Revised Code, provides, among other things:

"In the event any person required to file a highway use tax return * * * files an incorrect return * * * for the period covered by the return, the Tax Commissioner may make an assessment against such person, based upon any information in his possession, for the period for which such tax was due." (Emphasis supplied.)

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