COHEN & CO. v. LIMBACH

No. 87-1710.

40 Ohio St. 3d 52 (1988)

COHEN & COMPANY, APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 14, 1988.


Attorney(s) appearing for the Case

Kadish & Bender, J. Timothy Bender and Steven L. Kadish, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Floyd J. Miller, Jr., for appellee.


Per Curiam.

R.C. 5733.01 imposes a tax on corporations for the privilege of exercising their franchise in Ohio. This tax is computed on the value of the taxpayer's issued and outstanding shares of stock, calculated on either the net worth or net income basis, whichever produces the greater tax. R.C. 5733.06. At issue here is the tax calculated on the net income basis.

Under R.C. 5733.05(B), the starting point for this calculation is determining the...

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