Roxane Laboratories, Inc. v. Tracy

Francis E. Sweeney, Sr., J.

In this case, we are asked to construe former R.C. 5733.052(B). This statute provided, in relevant part: “A combination of net income may also be made at the election of any two or more taxpayers each having income, other than dividend or distribution income, from sources within Ohio, provided the ownership or control requirements contained in the preceding division are satisfied and such combination is elected in a timely report which sets forth such information as the commissioner requires. * * * ”1 (Emphasis added.) (140 Ohio Laws, Part I, 2635.)

The issue before…