Opinion

Twyman Films, Inc. v. Lindley

  • 54 Ohio St. 2d 176
  • 8 Ohio Op. 3d 165
  • 375 N.E.2d 428
  • 1978 Ohio LEXIS 543
Court
Ohio Supreme Court
Filed
May 3, 1978
Status
Published
On the bench
Brown, Celebrezze, Cock, Cole, Cook, Eleventh, Herbert, Locher, Neill, Sweeney, Third
Cited by
2 cases
Authority
More cited than 65.0%

The opinion

Per Curiam.

The principal controversy between the parties is the inclusion by the commissioner of the cost -of' the license agreements in determining the value of appellant’s film library.

A case closely in point is Michael Todd Co. v. County of Los Angeles (1962), 57 Cal. 2d 684 , 371 P. 2d 340 , which concerned the valuation for property tax purposes of the *178 negatives to the movie “Around The World In Eighty Days.” The court stated at page 696:

“* * * But it does not follow * * * that as a matter of tax law the ‘market value’ of the negatives — which cost some $5,000,000 to produce and had a potential earning power of many millions of dollars — was simply their salvage or scrap value of $1,000. The record established, rather, that for the purpose of -determining, ‘full cash value’ there was no actual marhet for the negatives without plaintiff’s copyright therein. The sole beneficial or productive use of the negative film of a motion picture is for making prints thereof for exhibition, whether such prints be sold or leased. * * (Emphasis sic.)

For tax purposes, appellant Twyman Films did not report in its tax returns the value of the film library at its “book value.” Appellant in fact only reported a value calculated by its accountant on a basis unrelated to what appellant had paid for the right to use the copyrighted films in its business.

■This court does not find the decision of the board to be either unreasonable or unlawful, and it is therefore affirmed. •

Decision affirmed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, Cole, Cock and Locher, JJ., concur.

• Cole, J., of the.Third Appellate District, sitting for P. Brown, J.

Cook, J., of the Eleventh Appellate District, sitting for Sweeney, J.

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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