MOTORISTS DEVELOPMENT CO. v. LINDLEY

No. 81-628.

69 Ohio St. 2d 220 (1982)

MOTORISTS DEVELOPMENT CO. ET AL., APPELLEES, v. LINDLEY, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided February 17, 1982.


Attorney(s) appearing for the Case

Messrs. Vorys, Sater, Seymour & Pease, Mr. Robert E. Leach and Mr. Kenneth D. Beck, for appellees.

Mr. William J. Brown, attorney general, and Mr. Mark A. Engel, for appellant.


Per Curiam.

The measure of a corporation's franchise tax liability is the value of its issued and outstanding shares of stock (R. C. 5733.05), which is determined either on the basis of net worth (R. C. 5733.05[A]), or on the basis of net income (R. C. 5733.05[B]). Where a corporation files an individual return, both computations of value must be made. The rate of taxation for the net income valuation is set forth in R. C. 5733.06(A) and (B); and the rate for...

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