MIAMI CITIZENS NATIONAL BANK v. LINDLEY

No. 76-1080.

50 Ohio St. 2d 249 (1977)

MIAMI CITIZENS NATIONAL BANK & TRUST COMPANY, APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided June 22, 1977.


Attorney(s) appearing for the Case

Messrs. Gaier, Pratt & Freed and Mr. Frederick D. Freed, for appellant.

Mr. William J. Brown attorney general, and Ms. J. Elaine Bialczak, for appellee.


O'NEILL, C. J.

The decision of the Board of Tax Appeals is affirmed.

The issue presented to this court is whether Miami Citizens' transactions are excepted from the sales tax under the provisions of R. C. 5739.01(B). That statute provides, in pertinent part:

" Sale' and `selling' include all transactions by which title or possession, or both, of tangible personal property, is or is to be transferred...

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