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EASTERN MACHINERY CO. v. PECK

No. 33403.

160 Ohio St. 144 (1953)

EASTERN MACHINERY CO., APPELLANT, v. PECK, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 8, 1953.

Attorney(s) appearing for the Case

Messrs. Dargusch, Caren, Greek & King, for appellant.

Mr. C. William O'Neill, attorney general, and Mr. Hugh A. Sherer, for appellee.

HART, J.

The question chiefly presented is whether, for the purpose of determining the basis of taxation, the rebuilding of such machine tools constituted manufacturing or repairing. In each of the tax returns in question, Eastern listed all its machine tools on hand during the preceding fiscal years, which had not been rebuilt but were being held for that purpose, at 50 per cent of their true value. It claims that such...

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