Opinion

Dayton Rental Co. v. Evatt

  • 145 Ohio St. 215
  • 145 Ohio St. (N.S.) 215
  • 30 Ohio Op. 447
  • 61 N.E.2d 210
  • 1945 Ohio LEXIS 413
Court
Ohio Supreme Court
Filed
May 9, 1945
Status
Published
On the bench
Weygandt, Zimmerman, Bell, Williams, Matthias, Hart, Turner
Cited by
4 cases
Authority
More cited than 99.4%

The opinion

By tite Court.

Section 5546-9a, General Code, provides that a vendor or consumer may appeal to the

*217

Board of Tax Appeals “in the same timé, manner and form as that provided in Section 5611 of the General Code of Ohio.”

Section 5611, General Code, requires that “the notice of such appeal shall set forth or shall have attached thereto and incorporated therein by reference, a true copy of the notice sent by the commissioner to the taxpayer of the final determination complained of, and shall also specify the error or errors therein com plained of.”

In the instant case, as stated in the

per curiam

opinion in

Kinsman Square Drug Co.

v.

Evatt, Tax Commr., ante,

52, at page 54, 60 N. E. (2d), 668, “the appellant’s notice falls far short of a substantial compliance with the plain, increased requirements of the amended statute [present Section 5611, General Code (119 Ohio Laws, 48)].”

The decision of the Board of Tax Appeals dismissing the appeal is affirmed.

Decision affirmed.

Weygandt, C. J., Zimmerman, Bell, Williams, Matthias and Hart, JJ., concur.

Turner, J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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