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BEAU BRUMMELL TIES, INC. v. LINDLEY

No. 78-396.

56 Ohio St. 2d 310 (1978)

BEAU BRUMMELL TIES, INC., APPELLEE, v. LINDLEY, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Messrs. Taft, Stettinius & Hollister, Mr. Stephen M. Nechemias and Mr. James J. Ryan, for appellee.

Mr. William J. Brown, attorney general, and Mr. Charless M. Steines, for appellant.

Per Curiam.

R. C. 5733.052, authorizing combined returns, provides in pertinent part:

"(A) At the discretion of the tax commissioner, any taxpayer that owns or controls either directly or indirectly more than fifty percent of the capital stock with voting rights of one or more other corporations, or more than fifty percent of the capital stock with voting rights of which is owned or controlled either...

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