Fisher v. Bowers
Fisher v. Bowers
Opinion of the Court
The Tax Commissioner contends that the enactment of Section 5711.22, Revised Code, at the time of the repeal of Section 5711.20, Revised Code, resulted in requiring a taxpayer to list as unproductive investments all those income-yielding investments owned on tax listing day which had not been outstanding for the full calendar year preceding that day.
Unquestionably this would be required of a taxpayer who had not, pursuant to Section 5711.10, Revised Code, adopted the federal election method of “listing his investments yielding income.” However, as to a taxpayer who had adopted that federal election method, that statute still specifically provides that “the aggregate amount of income of the taxpayer from investments * * * taxable * * * [under the intangible tax law]
Therefore, our conclusion is that, where a taxpayer properly adopts and follows the federal election method of listing his investments yielding income, he is not required to list again as an unproductive investment an income-yielding investment that was not outstanding for the full calendar year next preceding tax listing day.
Therefore, the decision of the Board of Tax Appeals is affirmed.
Decision affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.