NORTHERN OHIO SUGAR CO. v. LINDLEY

No. 78-98.

56 Ohio St. 2d 143 (1978)

NORTHERN OHIO SUGAR COMPANY, APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 4, 1978.


Attorney(s) appearing for the Case

Messrs. Dunbar, Kienzle & Murphey, and Mr. James R. King, for appellant.

Mr. William J. Brown, attorney general, and Mr. James C. Sauer, for appellee.


PAUL W. BROWN, J.

The taxpayer maintains that its purchases of coke are excepted from sales taxes by R. C. 5739.01(E)(2) which provides, in pertinent part, that:

"`Retail sale' and `sales at retail' include all sales except those in which the purpose of the consumer is:

"* * *

"* * * to use or consume the thing transferred directly in the production of tangible personal property * * * for sale by manufacturing, [or] processing * * *."

...

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