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KRESGE CO. v. BOWERS

No. 38731

2 Ohio St. 2d 113 (1965)

S. S. KRESGE CO., APPELLANT, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided April 28, 1965.

Attorney(s) appearing for the Case

Messrs. Dargusch & Dargusch, Mr. Carlton S. Dargusch, Jr., and Mr. Roger F. Day, for appellant.

Mr. William B. Saxbe, attorney general, Mr. Edgar L. Lindley and Mr. Jon Ziegler, for appellee.

WASSERMAN, J.

The appellant bases its claim for a refund on the theory that since it was held in S. S. Kresge Co. v. Bowers, Tax Commr., 170 Ohio St. 405, that appellant's stamp cancellation method was an invalid method of determining sales tax liability, the 1956 test checks taken by the Tax Commissioner should be applied to the later period of July 1, 1957, to December 31, 1959, to determine its sales tax liability...

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