McGLOTHIN v. LIMBACH

No. 90-357.

57 Ohio St. 3d 72 (1991)

MCGLOTHIN, OFFICER OF SPRINGDALE, INC., APPELLEE, v. LIMBACH, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided January 23, 1991.


Attorney(s) appearing for the Case

Ronald G. Logan, for appellee.

Lee I. Fisher, attorney general, and Barton A. Hubbard, for appellant.


Per Curiam.

R.C. 5739.33 imposes personal liability on corporate officers who have control or supervision of, or are charged with the responsibility of, filing returns and making payments of sales tax due the state of Ohio.

The BTA found that appellee was not a responsible corporate officer and was not subject to the statute. Based upon the facts before the BTA, that conclusion is unreasonable and the decision of the BTA is reversed.

This court...

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