Renacci v. Testa (Slip Opinion)

{¶ 1} In this case, appellee and cross-appellant, the tax commissioner, first imposed, and then declined to remit, a double-interest income-tax penalty for delay of payment. The Board of Tax Appeals (“BTA”) affirmed. The income at issue was tax year 2000 pass-through distributive-share income from a Subchap-ter S corporation whose shares were held by an “electing small business trust” (“ESBT”) under federal law. A Subchapter S corporation is often referred to as an “S corporation.” “Subchapter S of the Internal Revenue Code (Section 1361 et seq., Title 26, U.S.Code) permits the owners of…