WILSON v. PORTERFIELD

No. 71-152.

28 Ohio St. 2d 176 (1971)

WILSON, APPELLEE, v. PORTERFIELD, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided December 22, 1971.


Attorney(s) appearing for the Case

Mr. Chester R. Early, for appellee.

Mr. William J. Brown, attorney general, and Mr. Dwight C. Pettay, Jr., for appellant.


O'NEILL, C. J.

The issue presented in this appeal is whether the provision of R. C. 5739.12, requiring a vendor who fails to file a return to "forfeit and pay into the state treasury the sum of one dollar" for each day of such failure, constitutes a penalty which may not be collected by the Tax Commissioner in conjunction with a penalty imposed under the provisions of R. C. 5739.13.

R. C. 5739.12 reads, in part:

"* * * Any vendor who fails to file...

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