HAWTHORN MELLODY, INC. v. LINDLEY

No. 80-993.

65 Ohio St. 2d 47 (1981)

HAWTHORN MELLODY, INC., ET AL., APPELLEES, v. LINDLEY, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 18, 1981.


Attorney(s) appearing for the Case

Messrs. Smith & Schnacke, Mr. Joseph M. Rigot and Mrs. Maryann B. Gall, for appellees.

Mr. William J. Brown, attorney general, and Mr. Mark A. Engel, for appellant.


WILLIAM B. BROWN, J.

The Tax Commissioner herein appeals a number of the board's determinations. For reasons set forth, we affirm in part and reverse in part.

I.

The commissioner's first argument is that the board erred in determining that appellees' purchases of a refrigerant tank which stored ammonia, and two Muller tanks which stored ice cream flavoring were excepted from sales taxation as adjuncts to property used or consumed directly in the...

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