GREAT AM. INS. CO. v. LIMBACH

No. 93-792.

70 Ohio St.3d 357 (1994)

GREAT AMERICAN INSURANCE COMPANY, APPELLEE, v. LIMBACH, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided September 28, 1994.


Attorney(s) appearing for the Case

Taft, Stettinius & Hollister and Stephen M. Nechemias, for appellee.

Lee I. Fisher, Attorney General, and Richard C. Farrin, Assistant Attorney General, for appellant.


PFEIFER, J.

We hold that the Tax Commissioner lacks authority to issue an assessment against a taxpayer pursuant to R.C. 5739.13 where the taxpayer has fully paid the tax deficiency prior to the issuance of the assessment.

The Tax Commissioner, as well as other state officers, have only those powers conferred by statute. Ohio Util. Co. v. Collins (1976), 48 Ohio St.2d 169, 2 O.O.3d 370, 357 N.E.2d 1077. The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases