GOOD SAMARITAN HOSPITAL OF DAYTN, OHIO v. PORTERFIELD, TAX COMMR.

No. 71-36.

29 Ohio St. 2d 25 (1972)

GOOD SAMARITAN HOSPITAL OF DAYTON, OHIO, APPELLANT, v. PORTERFIELD, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided January 26, 1972.


Attorney(s) appearing for the Case

Messrs. Smith & Schnacke and Mr. Howard N. Thiele, Jr., for appellant.

Mr. William J. Brown, attorney general, and Mr. David S. Bloomfield, for appellee.


LEACH, J.

The single issue in this case is whether the building materials sold to contractors for incorporation into appellant's parking garage, and actually so incorporated, are exempt from the Ohio sales and use tax. We conclude that they are exempt and thus reverse the decision of the Board of Tax Appeals.

R. C. 5741.02(C) (2) excepts from the Ohio use tax the "storage, use or consumption in this state" of "tangible personal property, the acquisition of...

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