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NEW YORK FROZEN FOODS, INC. v. BEDFORD HTS. INCOME

No. 2015-0575.

150 Ohio St.3d 386 (2016)

2016-Ohio-7582

NEW YORK FROZEN FOODS, INC., ET AL., APPELLANTS AND CROSS-APPELLEES, v. BEDFORD HEIGHTS INCOME TAX BOARD OF REVIEW ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided November 3, 2016.

Attorney(s) appearing for the Case

Zaino, Hall & Farrin, L.L.C., Stephen K. Hall , and Richard C. Farrin , for appellants and cross-appellees.

Calfee, Halter & Griswold, L.L.P., Anthony F. Stringer , Matthew A. Chiricosta , and Thomas R. O'Donnell , for appellees and cross-appellants.

Amy L. Arrighi , in support of appellees and cross-appellants for amicus curiae, Regional Income Tax Agency.

{¶ 1} This appeal involves the attempt to obtain a tax refund by a municipal income taxpayer, New York Frozen Foods, Inc. ("Frozen Foods"), which originally filed its Bedford Heights income-tax returns on a separate-entity basis for tax years 2005, 2006, and 2007. In March 2010, Frozen Foods, together with its affiliates...

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