KRESGE CO. v. BOWERS

No. 36124.

170 Ohio St. 405 (1960)

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

Supreme Court of Ohio.

Decided March 23, 1960.


Attorney(s) appearing for the Case

Mr. Carlton S. Dargusch, Mr. Carlton S. Dargusch, Jr., and

Mr. Jack H. Bertsch, for appellant.

Mr. Mark McElroy, attorney general, Mr. Joseph D. Karam and Mr. Robert J. Kosydar, for appellee.


WEYGANDT, C. J.

As already noted, this controversy is limited to sales in amounts in excess of 40 cents.

Amended Section 5739.10, Revised Code, reads in part as follows:

"For the purpose of this section no vendor shall be required to maintain records of individual retail sales of tangible personal property under 41 cents, and no assessment shall be made against any vendor for retail sales of less than...

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