Legal Opinion

Shaker Heights Country Club Co. v. Lindley

Ohio Supreme Court

Decided May 30, 1979No. 78-772PublishedCited by 1 opinion

1Opinion of the CourtWilliam B. Bkown, J.

We are asked to decide whether the taxpayer is a “corporation organized for profit” and is therefore subject to a corporate franchise tax pursuant to R. C. 5733.01 et seq. Appellant argues that, it has always maintained the character of a non-profit corporation and that it has never operated for profit; therefore, it should be exempt from. Ohio franchise tax liability.'We disagree. We believe that taxpayer was organized for profit; and that during the years in question, it operated for profit.

In a franchise tax ease, the character of a corporation is the relevant consideration, and it is how…

2Cases cited2 opinions

  1. State Ex Rel. Russell v. SweeneyOhio Supreme Court · 1950
  2. Woodland Gardens Apartments, Inc. v. PorterfieldOhio Supreme Court · 1968

3Cited by1 opinion

  1. In Re Mid-American Waste Systems, Inc.United States Bankruptcy Court, D. Delaware · 2001

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