ZALUD OLDSMOBILE PONTIAC, INC v. TRACY

Nos. 95-1447 and 95-1690.

77 Ohio St.3d 74 (1996)

ZALUD OLDSMOBILE PONTIAC, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE. JACK SCHMIDT LEASE, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided November 6, 1996.


Attorney(s) appearing for the Case

Yu, Stromberg, Huotari & Cleveland, P.C., and Michael M. Schmidt, for appellant Zalud Oldsmobile Pontiac, Inc.

Ricketts & Onda Co., L.P.A., Robert J. Onda and Robert S. Naylor, for appellant Jack Schmidt Lease, Inc.

Betty D. Montgomery, Attorney General, and Richard C. Farrin, Assistant Attorney General, for appellee.


Per Curiam.

Appellants argue that R.C. 5733.041 allows them to deduct these depreciation add-back amounts from their net income in the disputed tax years. They also argue, alternatively, that denying them the deductions violates the federal Equal Protection Clause and Ohio's Uniformity Clause. We disagree and affirm the BTA's decisions.

"R.C. 5733.01 imposes a tax on corporations for the privilege of exercising their franchise in Ohio. This tax is computed...

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