BRUKE INTERNATIONAL RESEARCH CORPORATION v. LINDLEY

No. 78-1165.

58 Ohio St. 2d 27 (1979)

BURKE INTERNATIONAL RESEARCH CORPORATION, APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided April 18, 1979.


Attorney(s) appearing for the Case

Messrs. Dinsmore, Shohl, Coates & Deupree and Mr. David S. Mann, for appellant.

Mr. William J. Brown, attorney general, and Mr. John C. Duffy, Jr., for appellee.


WILLIAM B. BROWN, J.

The issue before the court is whether the amendment to R. C. 5733.05, adopted effective December 20, 1971, by which the "net income" of a corporation was made an alternative basis for computing the corporate franchise tax, is a retroactive law prohibited by Section 28, Article II of the Ohio Constitution, as applied to a corporate taxpayer whose accounting year was not yet closed at the time the amendment became effective.

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