LITTON INDUS. PRODUCTS, INC. v. LIMBACH

No. 90-424.

58 Ohio St. 3d 169 (1991)

LITTON INDUSTRIAL PRODUCTS, INC., APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided March 27, 1991.


Attorney(s) appearing for the Case

Calfee, Halter & Griswold, Marc L. Oberdorff and Joseph A. Castrodale, for appellant.

Lee I. Fisher, attorney general, and James C. Sauer, for appellee.


Per Curiam.

According to R.C. 5733.04(I)(1), as it read at the time pertinent herein, a taxpayer may deduct from Ohio net income "* * * any net operating loss incurred in any taxable yea[r] * * *. This deduction * * * shall be carried over and allowed * * * until fully utilized in the next succeeding taxable year or years in which the taxpayer has net income, but in no case for more than five consecutive years after the taxable year in which the net operating...

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