COUNTRY CLUB CO. v. BOWERS

No. 37415.

174 Ohio St. 116 (1962)

THE KIRTLAND COUNTRY CLUB CO., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided December 19, 1962.


Attorney(s) appearing for the Case

Messrs. McAfee, Hanning, Newcomer & Hazlett, Mr. Rufus S. Day, Jr., Mr. Arthur G. Taylor and Mr. C. F. Taplin, Jr., for appellee.

Mr. Mark McElroy, attorney general, and Mr. John J. Lokos, for appellant.


MATTHIAS, J.

The issue in this cause is whether an organization formed as a corporation for profit under Ohio law but which operates a private country club necessarily is engaged in business so that its personal property is "used in business" within the meaning of that phrase as used in Section 5709.01, Revised Code.

Section 5709.01, Revised Code, reads in part:

"All personal property located and used in business in this state * * * [is] subject to...

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