KLOEPFER'S, INC. v. PECK

No. 33101.

158 Ohio St. 577 (1953)

KLOEPFER'S, INC., APPELLANT, v. PECK, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 11, 1953.


Attorney(s) appearing for the Case

Mr. Herbert Buckman, Jr., for appellant.

Mr. C. William O'Neill, attorney general, Mr. Thomas R. Lloyd and Mr. Paul Tague, Jr., for appellee.


TAFT, J.

The tax "levied" is, as disclosed by the words (Section 5546-2, General Code) of the Sales Tax Act, "an excise tax * * * on each retail sale." Obviously, if a transaction does not involve a "sale" within the meaning of the Sales Tax Act, no tax is levied. The Sales Tax Act provides in part (Section 5546-1, General Code):

"`Sale' and `selling' include all transactions whereby title or possession, or both, of tangible personal property, is or...

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