Ohio Revised Code

Ohio Rev. Code § 5717.02 (2026)

Appeal from final determination by tax commissioner or county auditor - procedure - hearing

✓ current as of May 2026
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(A) Except as otherwise provided by law, appeals from final determinations by the tax commissioner of any preliminary, amended, or final tax assessments, reassessments, valuations, determinations, findings, computations, or orders made by the commissioner may be taken to the board of tax appeals by the taxpayer, by the person to whom notice of the tax assessment, reassessment, valuation, determination, finding, computation, or order by the commissioner is required by law to be given, by the director of budget and management if the revenues affected by that decision would accrue primarily to the state treasury, or by the county auditors of the counties to the undivided general tax funds of which the revenues affected by that decision would primarily accrue. Appeals from the redetermination by the director of development services under division (B) of section 5709.64 or division (A) of section 5709.66 of the Revised Code may be taken to the board of tax appeals by the enterprise to which notice of the redetermination is required by law to be given. Appeals from a decision of the tax commissioner or county auditor concerning an application for a property tax exemption may be taken to the board of tax appeals by the applicant or by a school district that filed a statement concerning that application under division (C) of section 5715.27 of the Revised Code. Appeals from a redetermination by the director of job and family services under section 5733.42 of the Revised Code may be taken by the person to which the notice of the redetermination is required by law to be given under that section.

(B) The appeals shall be taken by the filing of a notice of appeal with the board, and with the tax commissioner if the tax commissioner's action is the subject of the appeal, with the county auditor if the county auditor's action is the subject of the appeal, with the director of development services if that director's action is the subject of the appeal, or with the director of job and family services if that director's action is the subject of the appeal. The notice of appeal shall be filed within sixty days after service of the notice of the tax assessment, reassessment, valuation, determination, finding, computation, or order by the commissioner, property tax exemption determination by the commissioner or the county auditor, or redetermination by the director has been given as provided in section 5703.37, 5709.64, 5709.66, or 5733.42 of the Revised Code. The notice of appeal may be filed in person or by certified mail, express mail, facsimile transmission, electronic transmission or by authorized delivery service. If the notice of appeal is filed by certified mail, express mail, or authorized delivery service as provided in section 5703.056 of the Revised Code, the date of the United States postmark placed on the sender's receipt by the postal service or the date of receipt recorded by the authorized delivery service shall be treated as the date of filing. If notice of appeal is filed by facsimile transmission or electronic transmission, the date and time the notice is received by the board shall be the date and time reflected on a timestamp provided by the board's electronic system, and the appeal shall be considered filed with the board on the date reflected on that timestamp. Any timestamp provided by another computer system or electronic submission device shall not affect the time and date the notice is received by the board. The notice of appeal shall have attached to it and incorporated in it by reference a true copy of the notice sent by the commissioner, county auditor, or director to the taxpayer, enterprise, or other person of the final determination or redetermination complained of, but failure to attach a copy of that notice and to incorporate it by reference in the notice of appeal does not invalidate the appeal.

(C) A notice of appeal shall contain a short and plain statement of the claimed errors in the determination or redetermination of the tax commissioner, county auditor, or director showing that the appellant is entitled to relief and a demand for the relief to which the appellant claims to be entitled. An appellant may amend the notice of appeal once as a matter of course within sixty days after the certification of the transcript. Otherwise, an appellant may amend the notice of appeal only after receiving leave of the board or the written consent of each adverse party. Leave of the board shall be freely given when justice so requires.

(D) Upon the filing of a notice of appeal, the tax commissioner, county auditor, or the director, as appropriate, shall certify to the board a transcript of the record of the proceedings before the commissioner, auditor, or director, together with all evidence considered by the commissioner, auditor, or director in connection with the proceedings. Those appeals or applications may be heard by the board at its office in Columbus or in the county where the appellant resides, or it may cause its examiners to conduct the hearings and to report to it their findings for affirmation or rejection.

(E) The board may order the appeal to be heard upon the record and the evidence certified to it by the commissioner, county auditor, or director, but upon the application of any interested party the board shall order the hearing of additional evidence, and it may make an investigation concerning the appeal that it considers proper. An appeal may proceed pursuant to section 5703.021 of the Revised Code on the small claims docket if the appeal qualifies under that section.

Last updated October 21, 2025 at 2:14 PM

Notes of Decisions
Cited in 141 cases (19 in the last 5 years), 1954–2025 · leading case: Adams v. Testa (Slip Opinion), 2017 Ohio 8853 (Ohio 2017).
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Adams v. Testa (Slip Opinion), 2017 Ohio 8853 (Ohio 2017). · cites it 20× “The BTA dismissed the appeal, concluding that it did not have jurisdiction under R.C. 5717.02 to consider an appeal of the journal entry, because the journal entry is not a "final determination.”
NASCAR Holdings, Inc. v. Testa (Slip Opinion), 2017 Ohio 9118 (Ohio 2017). · cites it 14× “The plurality first noted that R.C. 5717.02 provides that such appeals “may be taken to the board of tax appeals by the taxpayer.”
Chapman Ents., Inc. v. McClain (Slip Opinion), 2021 Ohio 2386 (Ohio 2021). · cites it 7× “197”) toll the time limit for appealing from a final determination of the tax commissioner to the Board of Tax Appeals (“BTA”) pursuant to R.C. 5717.02? {¶ 2} In the motions to remand, the tax commissioner agrees with Chapman that H.”
Satullo v. Wilkins, 856 N.E.2d 954 (Ohio 2006). · cites it 4× “He failed, however, to raise this issue in the notice of appeal that he filed with the BTA from the Tax Commissioner’s final determination.”
Adams v. Harris, 2024 Ohio 4640 (Ohio 2024). · cites it 10× “[3]: Pursuant to R.C. 5717.02 and R.C. 5717.04, only an individual taxpayer may file an individual appeal to the BTA, and as such, the BTA lacks jurisdiction to entertain appellants’ collective, multi-taxpayer appeal.”
Obetz v. McClain (Slip Opinion), 2021 Ohio 1706 (Ohio 2021). · cites it 5× “3d 814, ¶ 26 (considering the pre-2013 version of R.C. 5717.02), quoting Brown v. Levin, 119 Ohio St.”
DeWeese v. Zaino, 800 N.E.2d 1 (Ohio 2003). · cites it 16× “Honda filed motions to dismiss the auditors’ appeals, contending that the notices of appeal filed by the auditors were jurisdictionally defective for failure to specify error under R.C. 5717.02. {¶ 7} The BTA granted Honda’s motion to dismiss the auditors’ appeals, ruling that…”
Brown v. Levin, 894 N.E.2d 35 (Ohio 2008). · cites it 6× “But the Browns point to the unmistakable mandate of R.C. 5717.02: when a taxpayer appeals a determination of the Tax Commissioner to the BTA, that body “upon the application of any interested party * * * shall order the hearing of additional evidence.”
Pi in the Sky, L. L.C. v. Testa, 119 N.E.3d 417 (Ohio 2018). · cites it 3× “" R.C. 5717.02(D). The BTA "may order the appeal to be heard upon the record and the evidence certified to it by the commissioner * * *, but upon the application of any interested party the board shall order the hearing of additional evidence.”
Castle Aviation, Inc. v. Wilkins, 109 Ohio St. 3d 290 (Ohio 2006). · cites it 7× “’s (Castle’s) broad, vague claim in numbered paragraph 2 (two) of Castle’s Notice of Appeal to the BTA * * *.”
Avon Lake City Sch. Dist. v. Limbach, 44 Educ. L. Rep. 1300 (Ohio 1988). · cites it 6× “In the first, appellants contend that R.C. 5717.02 confers jurisdiction upon the BTA to hear a school district’s appeal from the valuation of personal property, and apportionment of the taxable value thereof, of a utility company.”
Snodgrass v. Harris, 2024 Ohio 3130 (Ohio 2024). · cites it 41× “R.C. 5717.02 (“the tax-appeal statute”) authorizes an appeal of a final determination of the tax commissioner by the county auditors of the counties to which the revenues from a tax would primarily accrue.”
Show all 141 citing cases →
— Ohio Rev. Code § 5717.02(A) — 9 cases
Adams v. Testa (Slip Opinion), 2017 Ohio 8853 (Ohio 2017). “The BTA dismissed the appeal, concluding that it did not have jurisdiction under R.C. 5717.02 to consider an appeal of the journal entry, because the journal entry is not a "final determination.”
Adams v. Harris, 2024 Ohio 4640 (Ohio 2024). “[3]: Pursuant to R.C. 5717.02 and R.C. 5717.04, only an individual taxpayer may file an individual appeal to the BTA, and as such, the BTA lacks jurisdiction to entertain appellants’ collective, multi-taxpayer appeal.”
Snodgrass v. Harris, 2024 Ohio 3130 (Ohio 2024). “R.C. 5717.02 (“the tax-appeal statute”) authorizes an appeal of a final determination of the tax commissioner by the county auditors of the counties to which the revenues from a tax would primarily accrue.”
NASCAR Holdings, Inc. v. Testa (Slip Opinion), 2017 Ohio 9118 (Ohio 2017). “The plurality first noted that R.C. 5717.02 provides that such appeals “may be taken to the board of tax appeals by the taxpayer.”
Snodgrass v. Harris, 2024 Ohio 3130 (Ohio 2024).
— Ohio Rev. Code § 5717.02(B) — 7 cases
Chapman Ents., Inc. v. McClain (Slip Opinion), 2021 Ohio 2386 (Ohio 2021). “197”) toll the time limit for appealing from a final determination of the tax commissioner to the Board of Tax Appeals (“BTA”) pursuant to R.C. 5717.02? {¶ 2} In the motions to remand, the tax commissioner agrees with Chapman that H.”
Obetz v. McClain (Slip Opinion), 2021 Ohio 1706 (Ohio 2021). “3d 814, ¶ 26 (considering the pre-2013 version of R.C. 5717.02), quoting Brown v. Levin, 119 Ohio St.”
Abraitis v. Testa, 2013 Ohio 4725 (Ohio 2013).
Hughes v. Portage Cty. Bd. of Commrs., 2023 Ohio 260 (Ohio Ct. App. 2023).
Rock City Church v. Franklin Cty. Bd. of Revision, 2023 Ohio 1339 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 5717.02(C) — 10 cases
Obetz v. McClain (Slip Opinion), 2021 Ohio 1706 (Ohio 2021). “3d 814, ¶ 26 (considering the pre-2013 version of R.C. 5717.02), quoting Brown v. Levin, 119 Ohio St.”
Cuyahoga Cty. v. Testa (Slip Opinion), 2016 Ohio 134 (Ohio 2016).
O'Keefe v. McClain (Slip Opinion), 2021 Ohio 2186 (Ohio 2021).
Snodgrass v. Harris, 2024 Ohio 3130 (Ohio 2024). “R.C. 5717.02 (“the tax-appeal statute”) authorizes an appeal of a final determination of the tax commissioner by the county auditors of the counties to which the revenues from a tax would primarily accrue.”
Christian Voice of Cent. Ohio v. Testa (Slip Opinion), 2016 Ohio 1527 (Ohio 2016).
— Ohio Rev. Code § 5717.02(D) — 2 cases
Pi in the Sky, L. L.C. v. Testa, 119 N.E.3d 417 (Ohio 2018). “" R.C. 5717.02(D). The BTA "may order the appeal to be heard upon the record and the evidence certified to it by the commissioner * * *, but upon the application of any interested party the board shall order the hearing of additional evidence.”
Bay Mech. & Elec. Corp. v. Testa, 2012 Ohio 4312 (Ohio 2012).
— Ohio Rev. Code § 5717.02(E) — 5 cases
Pi in the Sky, L. L.C. v. Testa, 119 N.E.3d 417 (Ohio 2018). “" R.C. 5717.02(D). The BTA "may order the appeal to be heard upon the record and the evidence certified to it by the commissioner * * *, but upon the application of any interested party the board shall order the hearing of additional evidence.”
MacDonald v. Shaker Hts. Bd. of Income Tax Rev. (Slip Opinion), 2015 Ohio 3290 (Ohio 2015).
Ross v. Cuyahoga Cty. Bd. of Revision (Slip Opinion), 2018 Ohio 4746 (Ohio 2018).
Snider Crossing L.L.C. v. Warren Cty. Bd. of Rev., 2025 Ohio 3189 (Ohio Ct. App. 2025).
Greenway Ohio, Inc. v. Cuyahoga Cty. Bd. of Revision (Slip Opinion), 2018 Ohio 4244 (Ohio 2018).
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