The Buckeye Institute Takes Columbus Tax Case to Ohio Supreme Court – Buckeye Institute

wp header logo 1344
Spread the love

Columbus, OH – On Friday, The Buckeye Institute filed its appeal in Buckeye v. Kilgore with the Ohio Supreme Court asking the court to hear the case and recognize Ohio’s emergency-based local income tax system—where the state forced people to work from home, but nonetheless deemed their work to have been performed in a higher-taxed office location—as unconstitutional.
“The Ohio Supreme Court has held—time and again—that Ohio’s Constitution allows cities to tax nonresidents only on the work that is actually performed in the city,” said Jay R. Carson, senior litigator for The Buckeye Institute. “The Buckeye Institute is asking the Ohio Supreme Court to reaffirm that established and commonsense limits on municipal taxation, and the Due Process Clause, apply—even during a pandemic.” 
Members of Ohio’s General Assembly also filed an amicus brief (members’ brief) in support of The Buckeye Institute’s case writing, “The original intent and plain language of the legislative language was not recognized and properly applied in this case by the Tenth District Court of Appeals. This fundamental failure will likely adversely affect hundreds of thousands of Ohio citizens who could be deprived of rights to obtain refunds of tax remitted to municipalities by their employers…”
The members’ brief was joined by Ohio Representative Bill Seitz, House Majority Floor Leader; Ohio Representative Don Jones, House Majority Whip; Ohio Representative Cindy Abrams, House Majority Assistant Whip; Ohio Representative Derek Merrin, House Ways and Means Committee Chair; Ohio Representative Kris Jordan, House Financial Institutions Committee Chair; and Ohio Senator George F. Lang, Senate Small Business and Opportunity Committee Vice-Chair. 
National Taxpayers Union Foundation also filed an amicus brief on behalf of Buckeye’s case.
The Buckeye Institute brought this case on behalf of itself and three of its employees in July 2020, and has filed four other cases similarly challenging House Bill 197’s unconstitutional overreach.
# # #
Accountable Government
Budget & Taxes
Criminal Justice
Energy & Environment
Health Care
Individual Rights
Jobs & Entrepreneurship
Legal Briefs
Minimum Wage
Occupational Licensing
Property Rights
Tort Reform
Founded in 1989, The Buckeye Institute is an 
independent research and educational 
institution—a think tank—whose mission is to 
advance free-market public policy in the states.
Copyright 2022 The Buckeye Institute


Read Previous

GW Law course explores growing international economic disputes – GW Hatchet

Read Next

Running for governor, Kristof defends residency claim to Oregon Supreme Court – Salem Reporter

Leave a Reply

Your email address will not be published.