Tax Commission v. Kelly-Springfield Tire Co.

The legal question before us is whether or not the excess credits of the Kelly-Springfield Tire Company, a foreign corporation, arising out of business transacted in the state of Ohio through its local agency are, under the particular facts in this case, taxable in the state of Ohio.

A careful perusal of 5323 GC, above cited, discloses that, in order that property be taxed, it must appear' either (1) that the property taxed shall be property in this state, or (2) that it shall be property of persons residing in the state. This is in conformity with the general rule that the property to be…