GENERAL DATA CORP. v. PORTERFIELD

No. 69-524.

21 Ohio St. 2d 223 (1970)

GENERAL DATA CORP., APPELLEE, v. PORTERFIELD, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 25, 1970.


Attorney(s) appearing for the Case

Messrs. Lanier, Guy, Walker & Chatfield and Mr. Henry H. Chatfield, for appellee.

Mr. Paul W. Brown, attorney general, and Mr. Jon A. Ziegler, for appellant.


DUNCAN, J.

The facts are not in dispute, and the principles of law surfacing for consideration are not obscure. An examination of the law and the facts raises the following questions.

I.

Is the tax sought to be assessed by the Tax Commissioner levied on activity in interstate commerce?

Section 5741.02, Revised Code, which provides for levy of a use tax, reads in pertinent part: "(A) * * * an excise tax is hereby levied on the storage, use...

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