TIMKEN CO. v. KOSYDAR

No. 76-980.

52 Ohio St. 2d 131 (1977)

THE TIMKEN COMPANY, APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided December 7, 1977.


Attorney(s) appearing for the Case

Messrs. Day, Ketterer, Raley, Wright & Rybolt and Mr. John F. Buchman, for appellee.

Mr. William J. Brown, attorney general, and Mr. Michael L. Moushey, for appellant.


Per Curiam.

The main issue before this court is whether certain equipment used to cool, circulate and supply liquids, gas and steam used during and in taxpayer's production of steel tubing and roller bearings was excepted from use tax by reason of R. C. 5739.01(E) (2) and 5739.01 (S).

R. C. 5739.01(E) (2) and R. C. 5739.01(S) except certain sales from the sales tax and use tax by excluding them from the definition of retail sales. R. C. 5739.01 provides...

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