General Mills, Inc. v. Limbach

The decision of the BTA is affirmed in part and reversed in part.

I

Losses arising from General Mill’s federal tax benefit agreements are apportionable under R.C. 5733.051(H).

R.C. 5733.051 provides in part as follows:

“Net income of a corporation subject to the tax imposed by this chapter shall be allocated and apportioned to this state as follows:

(( * * *

“(B) Net rents and royalties from tangible personal property, to the extent such property is utilized in this state, are allocable to this state if the taxpayer is otherwise subject to the tax provided by this chapter;

U * * *

“(H) Any other net…