FRANKELITE CO. v. LINDLEY

No. 86-563.

28 Ohio St. 3d 29 (1986)

FRANKELITE COMPANY, APPELLEE AND CROSS-APPELLANT, v. LINDLEY, TAX COMMR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided December 19, 1986.


Attorney(s) appearing for the Case

Thomas I. Hausman, for appellee and cross-appellant.

Anthony J. Celebrezze, Jr., attorney general, and Mark A. Engel, for appellant and cross-appellee.


Per Curiam.

I

In his sole proposition of law, the Tax Commissioner seeks reversal of the board's remission of the penalty. In this regard, the board held:

"The Board of Tax Appeals finds that in this particular case, the appellant [Frankelite] has sufficiently shown that the failure to remit the penalty was an abuse of discretion. Frankelite had an established history of timely filing and payment of sales tax returns. Frankelite maintained...

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