International Business Machines Corp. v. Zaino

The question presented by this case is whether a taxpayer seeking a refund of an overpayment of franchise tax may seek that refund through a reassessment petition or whether the taxpayer must file an application for refund. We find that the law requires the filing of an application for refund.

Factual and Procedural Background

This appeal involves the 1993 Ohio franchise tax report of appellant, International Business Machines Corporation (“IBM”). On September 25, 1996, the commissioner and IBM entered into an agreement to extend the three-year deadline for the commissioner to assess, or the…