BECKWITH & ASSOC. v. KOSYDAR

No. 76-787.

49 Ohio St. 2d 277 (1977)

BECKWITH & ASSOCIATES, INC., APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 23, 1977.


Attorney(s) appearing for the Case

Messrs. Calfee, Halter & Griswold, Mr. John L. Naylor, Jr., Mr. Ronald H. Neill and Ms. Virginia D. Benjamin, for appellee.

Mr. William J. Brown, attorney general, and Mr. Ronald B. Noga, for appellant.


Per Curiam.

Tax Commissioner's Rule TX-43-05 provides that the appropriate accounting period under R. C. 5733.05 for corporations in the circumstances of appellee, a business newly-incorporated in 1971, extends from the corporation's incorporation date to December 31, 1971.

Pursuant to R. C. 5733.05, a corporation's annual report determines the value of the issued and outstanding shares of stock of the taxpayer, which is the base or measure of the franchise...

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