THE PANCAKE HOUSE, INC. v. LINDLEY

No. 79-649.

61 Ohio St. 2d 151 (1980)

THE PANCAKE HOUSE, INC., APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 6, 1980.


Attorney(s) appearing for the Case

Messrs. Glander, Brant, Ledman & Newman and Mr. James H. Ledman, for appellant.

Mr. William J. Brown, attorney general, and Ms. Barbara E. Lapworth, for appellee.


Per Curiam.

In calculating the value of its issued and outstanding stock under the net income method, pursuant to R. C. 5733.05(B), the corporate taxpayer begins with its base income, which equals its federal taxable income adjusted by certain deductions not relevant here. Allocable income from the sources mentioned in R. C. 5733.051(A) is subtracted from this figure. The resultant amount is apportionable income, which is subjected to the taxpayer's Ohio apportionment...

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