Ohio Supreme Court, 2004

H.R. Options, Inc. v. Wilkins

H.R. Options, Inc. v. Wilkins
Ohio Supreme Court · Decided May 12, 2004 · Connor, Donnell, Moyer, Pfeifer, Resnick, Stratton, Sweeney
102 Ohio St. 3d 1214
H.R. Options, Inc. v. Wilkins

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

{¶ 1} The motion for clarification of ¶ 17 of the opinion of January 7, 2004, found at 100 Ohio St.3d 373, 2004-Ohio-l, 800 N.E.2d 740, is granted.

{¶ 2} Paragraph 17 of the opinion currently reads: “Because R.C. 5739.01(JJ)(3) represents an exclusion from taxation, it must be construed most favorably to the taxpayer.” In granting the Tax Commissioner’s motion, this court directs that the sentence will read: “Because R.C. 5739.01(JJ)(3) represents an exclusion from taxation, it must be construed strictly against the taxpayer. In re Estate of Roberts (2002), 94 Ohio St.3d 311, 316, 762 N.E.2d 1001.”

Moyer, C.J., Resnick, F.E. Sweeney, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur. Pfeifer, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.