DIAMOND FINANCIAL HOLDINGS, INC. v. LIMBACH

No. 92-1514.

67 Ohio St.3d 228 (1993)

DIAMOND FINANCIAL HOLDINGS, INC., APPELLEE, v. LIMBACH, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided September 8, 1993.


Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue and Roger F. Day, for appellee.

Lee I. Fisher, Attorney General, Richard C. Farrin and Steven L. Zisser, Assistant Attorneys General, for appellant.


Per Curiam.

Under R.C. 5733.01(A), the franchise tax is charged against a domestic corporation organized for profit "for the privilege of exercising its franchise during the calendar year in which such amount is payable," and against a foreign corporation "for the privilege of doing business in this state, owning or using a part or all of its capital or property in this state, or holding a certificate of compliance with the laws of this state authorizing it...

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