T. Ryan Legg Irrevocable Trust, UBS Trust Company, N.A., Trustee v, Joseph W. Testa, Tax Commissioner of Ohio, Case No. 2015-0917
Ohio Board of Tax Appeals

ISSUES:
- For the purpose of taxing the sale of an Ohio corporation's stock by a Delaware-based trust, were the corporation's books "available" to the trust, which is a required element of R.C. 5747.01(BB)(2) to determine if the proceeds are taxable?
- If the proceeds of a corporate stock sale by a trust aren't a qualifying trust amount, can the proceeds be considered business income that results from a partial liquidation of an Ohio company, making the income taxable in Ohio?
- Is a Delaware-based trust without a qualifying beneficiary domiciled in Ohio not subject to Ohio income tax?