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KING DRUG CO. v. BOWERS

No. 36550.

171 Ohio St. 461 (1961)

KING DRUG CO. OF DAYTON, D. B. A. KING DRUGS, ET AL., APPELLANTS, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 1, 1961.

Attorney(s) appearing for the Case

Messrs. Weinberger & Grad, for appellants.

Mr. Mark McElroy, attorney general, and Mr. John J. Dilenschneider, for appellee.

Per Curiam.

Appellants contend that Section 5739.10, Revised Code, so far as it permits the use of test checks outside the actual audit period to determine tax liability for sales made during the audit period is unconstitutional; that appellants' records of retail sales in excess of 41 cents were adequate; and that the test checks were unlawful since they were not made of appellants' stores but were made of successors...

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