Legal Opinion

Gray Horse, Inc. v. Limbach

Ohio Supreme Court

Decided July 14, 1993No. 92-1775PublishedCited by 5 opinions

1Per curiam

R.C. 5733.06 calculates the franchise tax on the net-worth and net-income bases and charges the corporation the higher amount. R.C. 5733.05(A) sets forth the value of the issued and outstanding shares of stock of a taxpayer under the net-worth basis as:

“The total value, as shown by the books of the company, of its capital, surplus, whether earned or unearned, undivided profits, and reserves * * (Emphasis added.)

In Natl. Tube Co. v. Peck, supra, paragraphs three, four, and five of the syllabus, we stated:

“3. The book value of an asset at any given time may be more or less than its value.…

2Cases cited2 opinions

  1. Hawthorn Mellody, Inc. v. LindleyOhio Supreme Court · 1981
  2. Wheeling Steel Corp. v. EvattOhio Supreme Court · 1944

3Cited by5 opinions

  1. Bush & Cook Leasing, Inc. v. TracyOhio Supreme Court · 1997
  2. SHV North America Corp. v. TracyOhio Supreme Court · 1994
  3. Federated Department Stores, Inc. v. WilkinsOhio Supreme Court · 2005
  4. Bush & Cook Leasing, Inc. v. TracyOhio Supreme Court · 1997
  5. SHV N. Am. Corp. v. TracyOhio Supreme Court · 1994

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