Hanna Mining Co. v. Limbach

The issue before us is whether the three-year limitations period contained in R.C. 5733.12, as applicable to corporate franchise taxes, runs from the time the franchise tax report is filed for all prior installment payments or whether the limitations period runs separately each time an estimated installment payment is made. For the reasons that follow, we find for appellant and hold that the limitations period commences when the annual corporation report is timely filed, or should have been filed, whichever is earlier.

R.C. 5733.12 stated, in pertinent part, that a corporation may obtain a…