GENNARO PAVERS, INC. v. KOSYDAR

No. 74-1015.

42 Ohio St. 2d 491 (1975)

GENNARO PAVERS, INC., APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided June 25, 1975.


Attorney(s) appearing for the Case

Messrs. McLaughlin, DiBlasio & Harshman, Mr. Henry A. DiBlasio and Mr. Clair M. Carlin, for appellee.

Mr. William J. Brown, attorney general, and Mr. John C. Duffy, Jr., for appellant.


Per Curiam.

Concededly, the factual question before the board was the price per ton that taxpayer paid for asphalt purchased during the audit period. The board, upon remand, found such price to be as claimed by taxpayer, thus granting the claim for refund of an assessment which was based upon the higher purchase price found by the commissioner.

In support of the ultimate issue of whether the board's decision was unreasonable or unlawful, the commissioner...

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