Legal Opinion
Harsco Corp. v. Tracy
Ohio Supreme Court
Decided May 5, 1999No. 1997-2006Published
1Opinion of the Court
[This opinion has been published in Ohio Official Reports at 85 Ohio St.3d 382.] HARSCO CORPORATION, APPELLANT, v. TRACY, TAX COMMR., APPELLEE. [Cite as Harsco Corp. v. Tracy,
1999-Ohio-396.] Taxation—Franchise tax—Term “capital gain” as used in R.C. 5733.051(C) and (D) includes recaptured depreciation income attributable to the sale of Ohio assets. (No. 97-2006—Submitted January 12, 1999—Decided May 5, 1999.) APPEAL from the Board of Tax Appeals, No. 95-P-595. __________________ {¶ 1} In 1989 Harsco Corporation sold substantially all the assets of its Astro Division based in Wooster, Ohio.…
2Cases cited5 opinions
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Moorman Manufacturing Co. v. BairSupreme Court of the United States · 1978
- ASARCO Inc. v. Idaho State Tax CommissionSupreme Court of the United States · 1982
- Borden, Inc. v. LimbachOhio Supreme Court · 1990
- Harsco Corp. v. TracyOhio Supreme Court · 1999