AL JOHNSON CONSTRUCTION CO. v. KOSYDAR

Nos. 74-428, 74-429, 74-430 and 74-431.

42 Ohio St. 2d 29 (1975)

AL JOHNSON CONSTRUCTION CO. ET AL., APPELLANTS, v. KOSYDAR, TAX COMMR., APPELLEE. (2 cases) MASSMAN CONSTRUCTION CO. ET AL., APPELLANTS, v. KOSYDAR, TAX COMMR., APPELLEE. (2 cases)

Supreme Court of Ohio.

Decided April 2, 1975.


Attorney(s) appearing for the Case

Messrs. Schottenstein, Garel, Swedlow & Zox, Mr. Jay R. Dingledy and Mr. Harvey Dunn, for appellants.

Mr. William J. Brown, attorney general, and Mrs. Maryann B. Gall, for appellee.


I.

CELEBREZZE, J.

The Tax Commissioner assessed the sales and use taxes in question in these cases to each of the individual joint venturers. Appellants argue that since the joint ventures were the consumers liable pursuant to R. C. 5739.13 ("* * * the commissioner may make assessment against either the vendor or the consumer"), only the joint ventures could properly be assessed.

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