45 N.E.2d 415
No. 29235Supreme Court of Ohio.
Decided December 9, 1942.
Taxation — Listing personal property — Verified summary of federal income tax return filed — Income-producing investments — “Income yield” measure inapplicable — Board of Tax Appeals not to file or consider return — Sections 5372-2, 5388 and 5389, General Code.
APPEAL from the Board of Tax Appeals.
Appellants filed a joint personal and classified property tax return for the year 1936 and listed their productive investments upon the federal option basis as authorized by Section 5372-2, General Code, but deducted
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$29,356.80 representing a stock dividend received during the year 1935.
The then Tax Commission made an assessment in which such deduction was disallowed.
Thereafter the Tax Commission was abolished and the Department of Taxation was created, consisting of the Tax Commissioner and the Board of Tax Appeals.
At a hearing on appeal before the Board of Tax Appeals in 1942 appellants offered in evidence and tendered a tax return for the year 1936 purported to be made on the basis authorized by Section 5388, General Code. The Board of Tax Appeals refused to admit in evidence or file the tendered return and ordered the assessment affirmed.
Appellants prosecuted appeal to this court pursuant to Section 5611-2, General Code.
Mr. James M. McSweeney, for appellants.
Mr. Thomas J. Herbert, attorney general, and Mr. Perry L. Graham, for appellee.
BY THE COURT.
The appellants having elected to file a verified summary of their federal income tax return as authorized by Section 5372-2, General Code, the Board of Tax Appeals properly refused to receive or consider the return made under Section 5388, General Code, or apply the “income yield” measure defined in Section 5389, General Code. Feld v. Miller et al., Tax Commission, 139 Ohio St. 378, 40 N.E.2d 421; Deeds v Evatt, Tax Commr., 138 Ohio St. 567, 37 N.E.2d 581.
No constitutional question set forth in the assignments of error was argued orally or in the brief of appellants. Under Section 12223-21, General Code, errors not argued by brief may be disregarded.
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The decision of the Board of Tax Appeals is neither unreasonable nor unlawful.
Decision affirmed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.
BELL, J., not participating.