May Company Obtain Tax Refund Based on Prior Overstatement of Taxable Assets In Fraud Scheme?
HealthSouth Corporation v. William W. Wilkins [Richard A. Levin], Tax Commissioner of Ohio, Case no. 2007-2281 State Board of Tax Appeals ISSUE: Is a company eligible for a refund of back-year Ohio business property taxes based on a claim that prior management intentionally overstated the actual value of property on the company’s tax return as part of an accounting fraud scheme to disguise the company’s true financial condition? BACKGROUND: In this case, the state tax commissioner denied a requested refund of $236,000 in Ohio business property taxes paid by the HealthSouth Corporation for the 2002 tax year. HealthSouth appealed the commissioner’s ruling to the State Board of Tax Appeals (BTA), which overruled the commissioner and granted the refund. The tax commissioner has exercised his right to appeal the BTA’s ruling to the Supreme Court. Attorneys for the tax commissioner argue that the BTA’s ruling ignores that fact that, in its refund application and appeal to the BTA, HealthSout
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