Legal Opinion

Westinghouse Electric Corp. v. Lindley

Ohio Supreme Court

Decided May 16, 1979No. Nos. 78-545 and 78-536PublishedCited by 10 opinions

1Opinion of the Court

Per Curiam.-

I

The issue presented by the first finding of the board is whether the term “royalties,” as used in E. C. 5733.04(1) (2), means gross foreign royalties or net foreign royalty amounts that would be part of federal taxable income after deducting expenses related to the earning of such to arrive at the federal taxable income. The legislative intent surrounding E. C. 5733.04(1) (2) was to exclude corporate foreign royalties from the income allocated for Ohio tax purposes.* Tn the instant cause, the Tax Commissioner allowed such deduction to the extent such royalties were included in…

2Cases cited3 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Kroger Co. v. BowersOhio Supreme Court · 1965
  3. Beckwith & Associates, Inc. v. KosydarOhio Supreme Court · 1977

3Cited by10 opinions

  1. Alcan Aluminum Corp. v. LimbachOhio Supreme Court · 1989
  2. In re Estate of MorganOhio Supreme Court · 1981
  3. Mandel v. LimbachOhio Supreme Court · 1994
  4. Pancake House, Inc. v. LindleyOhio Supreme Court · 1980
  5. Dana Corp. v. LimbachOhio Supreme Court · 1991

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