SHV N. AM. CORP. v. TRACY

No. 93-1166.

70 Ohio St.3d 395 (1994)

SHV NORTH AMERICA CORPORATION, APPELLEE, v. TRACY, 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 Fisher, Attorney General, and Steven L. Zisser, Assistant Attorney General, for appellant.


Per Curiam.

We affirm the BTA's decision.

R.C. 5733.05 establishes the value of a corporation's stock for franchise tax purposes, as follows:

"(A) The total value, as shown by the books of the company, of its capital, surplus, whether earned or unearned, undivided profits, and reserves, but exclusive of:

"* * *

"(4) Good will, appreciation, and abandoned property as set up in the annual report of the corporation...

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